Agenda Item No. 9

City of Wichita
City Council Meeting
April 19, 2005

Agenda Report No. 05-0339


TO:	Mayor and City Council Members

SUBJECT:	Petitions for Street Paving and a Sanitary Sewer in Sand Plum Addition (south of 45th St. North, west of Webb) (District II)

INITIATED BY:	Department of Public Works

AGENDA:	Consent


Recommendation: Approve the Petitions.

Background:  On May 18, 2004 and November 23, 2004, the City Council approved Petitions for street paving and a sanitary sewer in Sand Plum Addition.  Since that time, the developer has divided a number of lots to reflect current home marketing conditions.  The developer has submitted new Petitions to reallocate special assessments to accommodate the change in building site boundaries.  The signature on the petitions represents 100% of the improvement districts.

Analysis: The projects will serve a new residential development located south of 45th St. North, west of Webb.

Financial Considerations: The existing Petitions total $412,774.  The new Petitions total $461,000. The funding source is special assessments, except for the sewer project which includes $15,000 paid by the Sanitary Sewer Utility for pipeline outside the improvement district.

Legal Considerations: State Statutes provide that a Petition is valid if signed by a majority of resident property owners or owners of the majority of the property in the improvement district.

Recommendation/Action:  It is recommended that the City Council approve the Petitions and adopt the Resolutions.


Agenda Item No. 11

City of Wichita
City Council Meeting
April 19, 2005

Agenda Report No. 05-0340


TO:	Mayor and City Council Members

SUBJECT:	Street Closure:  Meridian at First St. (District VI)

INITIATED BY:	Department of Public Works

AGENDA:	Consent	


Recommendation:  Approve the street closure.

Background:  Wildcat Construction Company, Inc. has contracted to install a large storm drainage system in west Wichita.  Work began at the Arkansas River near the intersection of Athenian and McLean proceeded south on Athenian to First St., and is now nearing the intersection of First St. and Meridian as work moves west toward West St.  The installation of the concrete box structure across Meridian will require a large excavation area and it will not be possible to safely or efficiently maintain traffic on Meridian while the drainage structure is being installed.  Additionally, a 36"water main will be installed at this intersection at the same time as the storm drain work is being accomplished.  The contractor is requesting a three-week closure of the intersection of Meridian and First to minimize traffic and related construction safety concerns.  The requested street closure is tentatively scheduled to begin approximately 9:00 a.m. Tuesday, April 26, 2005 and be completed on or before 6:30 a.m. Tuesday, May 17, 2005.  The contractor further requests that if the weather forecast at that time is not conducive to being able to accomplish the necessary work, they be allowed to request a delay in the start date.

Analysis:  Wildcat Construction Company, Inc. is responsible for the placement of the required detour and construction signs and barricades and the notification of area businesses and residents.  During the street closure, traffic on Meridian will be detoured as follows:

Southbound Meridian traffic will be detoured east from Meridian on Second St. to Seneca, south to Douglas, and then west to Meridian.

Northbound Meridian traffic will be detoured east from Meridian on Douglas, north to Second St., and then west to Meridian.

Financial Considerations:  None.   

Legal Considerations:  None 

Recommendation/Action:  It is recommended that the City Council approve the street closure.


Agenda Item No. 12a

City of Wichita
City Council Meeting
April 19, 2005

Agenda Report No. 05-0341


TO:			Mayor and City Council Members

SUBJECT:	Supplemental Agreement for Waterline along 135th Street West, 21st to 29th (District V)

INITIATED BY:	Department of Public Works

AGENDA:		Consent


Recommendation:  Approve the Supplemental Agreement.

Background:  On May 5, 2004, the City entered into an Agreement with TranSystems Corporation for designing a water line along 135th Street West from 21st to 29th for a design fee of $9,400.

Analysis:  TranSystems has been asked by the Water Department to design a 21" main sanitary sewer along 135th from 21st North to approximately 1,300 feet north of 21st Street in conjunction with the water project.  The proposed Supplemental Agreement provides for the additional design services.
 
Financial Considerations:  Payment to TranSystems will be on a lump sum basis of $18,000, and will be paid by Revenue Bonds. 

Legal Considerations:  The Supplemental Agreement has been approved as to form by the Law Department. 

Recommendation/Action:  It is recommended that the City Council approve the Supplemental Agreement and authorize the necessary signatures.

 


SUPPLEMENTAL AGREEMENT

TO THE

AGREEMENT FOR PROFESSIONAL SERVICES DATED MAY 5, 2004

BETWEEN

THE CITY OF WICHITA, KANSAS

PARTY OF THE FIRST PART, HEREINAFTER CALLED THE

"CITY"

AND

TRANSYSTEMS CORPORATION

PARTY OF THE SECOND PART, HEREINAFTER CALLED THE

"ENGINEER"



	
WITNESSETH:

	WHEREAS, there now exists a Contract  (dated May 5, 2004) between the two parties covering engineering services to be provided by the ENGINEER in conjunction with the construction of improvements to 24" WATER LINE IN 135TH STREET WEST FROM 21ST TO 29TH (Project No. 448 89941).

	WHEREAS, Paragraph IV. B. of the above referenced Contract provides that additional work be performed and additional compensation be paid on the basis of a Supplemental Agreement duly entered into by the parties, and

	WHEREAS, it is the desire of both parties that the ENGINEER provide additional services required for the PROJECT and receive additional compensation (as revised herein):

	NOW THEREFORE, the parties hereto mutually agree as follows:

A.	PROJECT DESCRIPTION
	The description of the improvements that the CITY intends to construct and thereafter called the "PROJECT" as stated on page 1 of the above referenced agreement is hereby amended to include the following:
MAIN 10, NORTHWEST INTERCEPTOR SEWER 
(21" main sanitary sewer, more or less along 135th from 21st Street North to approximately 1,300 ft. north of 21st Street.  The proposed alignment is from an existing 30" sanitary sewer east of the west property line of the Main Pump Station site at 21st and 135th Street West.  The ENGINEER shall be responsible determine the locations of all connection points.) 
(Project No. 468 83971)

B.  PAYMENT PROVISIONS
	The fee in Section IV.  A. shall be amended to include the following:

	Payment to the ENGINEER for the performance of the professional services as outlined in this supplemental agreement shall be made on the basis of the lump sum fee specified below:

468 83971                 $18,000.00
C.	COMPLETION
The ENGINEER agrees to complete and deliver the field notes, preliminary and final plans (including final tracings), specifications and estimates to the CITY by June 3, 2005;
EXCEPT that the ENGINEER shall not be responsible or held liable for delays occasioned by the actions of inactions of the CITY or other agencies, or for other unavoidable delays beyond the control of the ENGINEER.

D.	PROVISIONS OF THE ORIGINAL CONTRACT
	The parties hereunto mutually agree that all provisions and requirements of the existing Contract, not specifically modified by this Supplemental Agreement, shall remain in force and effect.

	IN WITNESS WHEREOF, the CITY and the ENGINEER have executed this Supplemental Agreement as of this __________ day of ____________________, 2005.


		BY ACTION OF THE CITY COUNCIL


		__________________________________
		Carlos Mayans, Mayor

ATTEST:


_________________________________
Karen Sublett, City Clerk


APPROVED AS TO FORM:


_________________________________
Gary Rebenstorf, Director of Law


		TRANSYSTEMS CORPORATION


		__________________________________
		             (Name and Title)

ATTEST:


_________________________________
   

Agenda Item No. 12b

City of Wichita
City Council Meeting
April 19, 2005

Agenda Report No. 05-0342


TO:			Mayor and City Council Members

SUBJECT:	Supplemental Agreement for Kellogg & Rock Road Interchange (District II)

INITIATED BY:	Department of Public Works

AGENDA:		Consent


Recommendation:  Approve the Supplemental Agreement with Cook, Flatt and Strobel Engineers, P.A. (CF&S) to perform construction and administration services.

Background:  On June 10, 1997, the City entered into an Agreement with CF&S to begin preliminary design for East Kellogg, from Edgemoor to 127th Street East.  On May 8, 2001, the City entered into an agreement with CF&S to prepare construction plans for the Kellogg and Rock Road Interchange, which include all construction from west of Armour to near the Kansas Turnpike.

On April 2, 2002, the City Council adopted Ordinance 45-294, which authorizes construction and provides funding for the project.
  
Analysis:  The project design is nearing completion, and substantial amounts of right-of-way have been acquired.  Originally, the Kellogg and Rock Road project was designed to be constructed as one large contract.  Because of the time required to purchase and clear the right-of-way at various locations, the project has been divided into several smaller projects, which utilizes the right-of-way that has been acquired.

The agreement, dated June 10, 1997, with CF&S, provides that CF&S when authorized by Supplemental Agreement, will perform construction inspection and administration services.  On January 11, 2000, Supplemental Agreement No. 1 was approved for CF&S to prepare final plans, specifications and estimates for the section of Kellogg from Sylvan Lane to 0.5 miles east of Woodlawn, known as the Woodlawn Interchange.  On May 14, 2000, CF&S was given the Notice to Proceed with final plan preparation of the Kellogg & Rock Road Interchange in accordance with Supplemental Agreement No. 2.  On September 17, 2002, Supplemental Agreement No. 3 was approved for CF&S to provided construction inspection and administration for the section the Woodlawn Interchange.  On December 2, 2003, the City approved Supplemental Agreement No. 4 for construction inspection and administration of box culverts at Armour Road and Gypsum Creek, the Rock Road Pump Station, the northeast frontage road, and the Armour Road intersection of north of Kellogg.  The proposed Supplemental Agreement No. 5 will provide construction and administration for all remaining work east to the Kansas Turnpike Authority (K.T.A.) and Kellogg and Rock Road Interchange. 

Financial Considerations:  Payment to CF&S will be on a cost plus fixed fee in amount not to exceed $2,528,284.88. The total project cost for the Kellogg & Rock Road Interchange is estimated at $105 million.  The State of Kansas will contribute $35,690,000 to assist with project construction.  The balance of the funding will be provided by the City through the issuance of General Obligation Sales Tax Bonds with debt service payable from the annual proceeds of the local sales tax.

Legal Considerations:  The Supplemental Agreement has been approved as to form by the Law Department. 

Recommendation/Action:  It is recommended that the City Council approve the Supplemental Agreement and authorize the necessary signatures.


Agenda Item No. 12c

City of Wichita
City Council Meeting
April 19, 2005

Agenda Report No. 05-0343


TO:			Mayor and City Council Members

SUBJECT:	Supplemental Agreement for Construction Engineering and Staking in Sawmill Creek Addition (east of Rock Road, north of 45th Street North) (District II)

INITIATED BY:	Department of Public Works

AGENDA:		Consent


Recommendation:  Approve the Supplemental Agreement.

Background:  The City Council approved the water distribution system, sanitary sewer, storm water drainage and paving improvements in Sawmill Creek Addition on November 16, 2004.  On February 15, 2005 the City approved Agreements with Ruggles & Bohm, P.A. (R&B) to design the improvements.  The Design Agreements with R&B requires R&B to provide construction engineering and staking services if requested by the City.  

Analysis:  The proposed Supplemental Agreements between the City and R&B provides for construction engineering and staking for the improvements.  Due to the current workload created by previous projects, City crews are not available to perform the staking for this project.

Financial Considerations:  Payment to R&B will be on a lump sum basis of $66,100, and will be paid by special assessments. 

Legal Considerations:  The Supplemental Agreements has been approved as to form by the Law Department.

Recommendation/Action:  It is recommended that the City Council approve the Supplemental Agreements and authorize the necessary signatures.
 
SUPPLEMENTAL AGREEMENT

TO THE

AGREEMENT FOR PROFESSIONAL SERVICES DATED FEBRUARY 15, 2005

BETWEEN

THE CITY OF WICHITA, KANSAS

PARTY OF THE FIRST PART, HEREINAFTER CALLED THE

"CITY"

AND

RUGGLES & BOHM, P.A.

PARTY OF THE SECOND PART, HEREINAFTER CALLED THE

"ENGINEER"


WITNESSETH:
	WHEREAS, there now exists a Contract (dated February 15, 2005) between the two parties covering engineering services to be provided by the ENGINEER in conjunction with the construction of improvements in SAWMILL CREEK ADDITION  (east of Rock, north of 45th Street North). 

	WHEREAS, Paragraph IV. B. of the above referenced Contract provides that additional work be performed and additional compensation be paid on the basis of a Supplemental Agreement duly entered into by the parties, and

	WHEREAS, it is the desire of both parties that the ENGINEER provide additional services required for the PROJECT and receive additional compensation (as revised herein):

	NOW THEREFORE, the parties hereto mutually agree as follows:

A.	PROJECT DESCRIPTION
	The description of the improvements that the CITY intends to construct and thereafter called the "PROJECT" as stated on page 1 of the above referenced agreement is hereby amended to include the following:
STAKING, AS-BUILT AND CONSTRUCTION ENGINEERING
(as per the City of Wichita Standard Construction Engineering Practices)

WATER DISTRIBUTION SYSTEM NO. 448 90022 serving Lots 38 through 47, Block 2; Lots 1 through 15, Block 3; Lots 17 through 23, Block 4; Lots 1 through 9, Block 5; Lots 35 through 45, Block 5, Sawmill Creek Addition (east of Rock, north of 45th Street North) (Project No. 448 90022).
 
LATERAL 2, MAIN 11, SANITARY SEWER NO. 23 serving Lots 38 through 47, Block 2; Lots 1 through 15, Block 3; Lots 20 through 23, Block 4; Lots 1 through 8, Block 5; Lots 41 through 45, Block 5, Sawmill Creek Addition (east of Rock, north of 45th Street North) (Project No. 468 83171).

STORM WATER DRAIN NO. 156 serving Lots 1 through 47, Block 2; Lots 1 through 15, Block 3; Lots 17 through 23, Block 4; Lots 1 through 9, Block 5; Lots 35 through 45, Block 5; Lots 17 through 37, Block 7, Sawmill Creek Addition (east of Rock, north of 45th Street North) (Project No. 468 83169).
BLADE from the center line of Reserve E to the east line of Sawmill Creek Addition; MILL RUN from the east line of Lot 16, Block 4 to the south line of Blade; SCRAGG CIRCLE from the south line Blade to and including cul-de-sac; SCRAGG from the north line Blade to the east line Sawmill Creek Addition; and BLADE COURT from the north line Blade to and including cul-de-sac.  Sidewalk to be constructed on one side of Mill Run and Blade (east of Rock, north of 45th Street North) (Project No. 472 84123).

As-built of all areas included in the project mass grading plan will be the responsibility of the ENGINEER and shall be submitted and sealed by a licensed land surveyor or registered professional engineer.  Final elevations for all areas to be graded per plans, provisions or otherwise, including street right-of-way, lots, easements, ponds and reserve areas, shall be within +/- 0.2' of plan call-outs, unless otherwise stated in plans or provisions.  ENGINEER will be responsible to coordinate any rework with the contractor, regardless of the number of times necessary to achieve allowable tolerance, and will ensure that a minimum slope is maintained in all drainage easements, especially in such cases where the +/- tolerance could result in a less than desirable percent of grade.  Two copies of the project specific mass grading and pond construction plan sheets will be submitted to the project engineer as soon as possible after completion of final grading, will show original plan and final as-built elevations at all original call-out locations.

B.  PAYMENT PROVISIONS
	The lump sum fee and the accumulated partial payment limits in Section IV. A. shall be amended as follows:
	Payment to the ENGINEER for the performance of the professional services as outlined in this supplemental agreement shall be made on the basis of the lump sum fee specified below:

Project No. 448 90022              $  6,000.00
Project No. 468 83171              $  9,100.00
Project No. 468 83169              $21,500.00
Project No. 472 84123              $29,500.00
TOTAL                                      $66,100.00

C.	PROVISIONS OF THE ORIGINAL CONTRACT
	The parties hereunto mutually agree that all provisions and requirements of the existing Contract, not specifically modified by this Supplemental Agreement, shall remain in force and effect.

IN WITNESS WHEREOF, the CITY and the ENGINEER have executed this Supplemental Agreement as of this __________ day of ____________________, 2005.

			                    BY ACTION OF THE CITY COUNCIL

			                     ______________________________
		                    Carlos Mayans, Mayor
ATTEST:

_________________________________
Karen Sublett, City Clerk

APPROVED AS TO FORM:

_________________________________
Gary Rebenstorf, Director of Law
		       RUGGLES & BOHM, P.A.

		                     ______________________________
ATTEST:	                (Name & Title)
_________________________________


Agenda Item No. 12d

City of Wichita
City Council Meeting
April 19, 2005

Agenda Report No. 05-0344


TO:			Mayor and City Council Members

SUBJECT:	Supplemental Agreement for Construction Engineering and Staking in Avalon Park 2nd Addition (north of 37th Street North, east of Tyler) (District V)

INITIATED BY:	Department of Public Works

AGENDA:		Consent


Recommendation:  Approve the Supplemental Agreement.

Background:  The City Council approved the water distribution system, sanitary sewer, storm water drainage and paving improvements in Avalon Park 2nd Addition on December 16, 2003.  On November 2, 2004 the City approved Agreements with Professional Engineering Consultants, P.A. (PEC) to design the improvements.  The Design Agreements with PEC requires PEC to provide construction engineering and staking services if requested by the City.  

Analysis:  The proposed Supplemental Agreements between the City and PEC provides for construction engineering and staking for the improvements.  Due to the current workload created by previous projects, City crews are not available to perform the staking for this project.

Financial Considerations:  Payment to PEC will be on a lump sum basis of $81,000, and will be paid by special assessments. 

Legal Considerations:  The Supplemental Agreements has been approved as to form by the Law Department.

Recommendation/Action:  It is recommended that the City Council approve the Supplemental Agreements and authorize the necessary signatures.
 



SUPPLEMENTAL AGREEMENT

TO THE

AGREEMENT FOR PROFESSIONAL SERVICES DATED NOVEMBER 2, 2004 

BETWEEN

THE CITY OF WICHITA, KANSAS

PARTY OF THE FIRST PART, HEREINAFTER CALLED THE

"CITY"

AND

PROFESSIONAL ENGINEERING CONSULTANTS, P.A.

PARTY OF THE SECOND PART, HEREINAFTER CALLED THE

"ENGINEER"



WITNESSETH:

	WHEREAS, there now exists a Contract (dated November 2, 2004) between the two parties covering engineering services to be provided by the ENGINEER in conjunction with the construction of improvements in AVALON PARK 2ND ADDITION (north of 37th Street North, east of Tyler).

	WHEREAS, Paragraph IV. B. of the above referenced Contract provides that additional work be performed and additional compensation be paid on the basis of a Supplemental Agreement duly entered into by the parties, and

	WHEREAS, it is the desire of both parties that the ENGINEER provide additional services required for the PROJECT and receive additional compensation (as revised herein):

	NOW THEREFORE, the parties hereto mutually agree as follows:

A.	PROJECT DESCRIPTION
	The description of the improvements that the CITY intends to construct and thereafter called the "PROJECT" as stated on page 1 of the above referenced agreement is hereby amended to include the following:
CONSTRUCTION ENGINEERING AND STAKING
(as per the City of Wichita Standard Construction Engineering Practices)

WATER DISTRIBUTION SYSTEM NO. 448 89908 serving Lots 1 through 24, Block 1; Lots 1 through 13, Block 2, Avalon Park 2nd Addition (north of 37th Street North, east of Tyler) (Project No. 448 89908).

LATERAL 16, MAIN 19, SOUTHWEST INTERCEPTOR SEWER serving Lots 1 through 24, Block 1; Lots 1 through 16, Block 2, Avalon Park 2nd Addition (north of 37th Street North, east of Tyler) (Project No. 468 83748).
STORM WATER DRAIN NO. 224 serving Lots 1 through 24, Block 1; Lots 1 through 16, Block 2, Avalon Park (north of 37th Street North, east of Tyler) (Project No. 468 83750).

PEPPER RIDGE/HAVENHURST from the north line of 37th Street North to the east line of Tyler Road; and HAVENHURST COURT from the north line of Havenhurst and including the cul-de-sac.  SIDEWALK to be installed along the west and south sides of Pepper Ridge and the south side of Havenhurst, from the north line of 37th Street North to the east line of Tyler Road (north of 37th Street North, east of Tyler) (Project No. 472 83899).

B.  PAYMENT PROVISIONS
	The lump sum fee and the accumulated partial payment limits in Section IV. A. shall be amended as follows:
	Payment to the ENGINEER for the performance of the professional services as outlined in this supplemental agreement shall be made on the basis of the lump sum fee specified below:

448 89908                   $  7,000.00
468 83748                   $24,000.00
468 83750                   $24,000.00
472 83899                   $26,000.00
TOTAL                        $81,000.00
                
C.	PROVISIONS OF THE ORIGINAL CONTRACT
	The parties hereunto mutually agree that all provisions and requirements of the existing Contract, not specifically modified by this Supplemental Agreement, shall remain in force and effect.

	IN WITNESS WHEREOF, the CITY and the ENGINEER have executed this Supplemental Agreement as of this __________ day of ____________________, 2005.


		BY ACTION OF THE CITY COUNCIL

		______________________________
		Carlos Mayans, Mayor

ATTEST:

_________________________________
Karen Sublett, City Clerk


APPROVED AS TO FORM:

_________________________________
Gary Rebenstorf, Director of Law

		PROFESSIONAL ENGINEERING CONSULTANTS, P.A.

		 _____________________________
                                                                                                 (Name & Title)
ATTEST:

_________________________________


Agenda Item No. 13a

City of Wichita
City Council Meeting
April 19, 2005

Agenda Report No. 05-0345


TO:			Mayor and City Council Members

SUBJECT:	Agreement for Design Services for Woodland Lakes Estates 3rd Addition (south of Lincoln, west of 127th Street East) (District II)

INITIATED BY:	Department of Public Works

AGENDA:		Consent


Recommendation:  Approve the Agreement.

Background:  The City Council approved the water distribution system, sanitary sewer, storm water drainage and paving improvements in Woodland Lakes Estates 3rd Addition on March 18, 2003.

Analysis:  The proposed Agreement between the City and MKEC Engineering Consultants, P.A. (MKEC) provides for the design of bond financed improvements consisting of water distribution system, sanitary sewer, storm water drainage and paving in Woodland Lakes Estates 3rd Addition.  Per Administrative Regulation 7a, staff recommends that MKEC be hired for this work, as this firm provided the preliminary engineering services for the platting of the subdivision and can expedite plan preparation.

Financial Considerations:  Payment to MKEC will be on a lump sum basis of $63,300, and will be paid by special assessments. 

Legal Considerations:  The Agreement has been approved as to form by the Law Department. 

Recommendation/Action:  It is recommended that the City Council approve the Agreement and authorize the necessary signatures.
 
AGREEMENT


for


PROFESSIONAL SERVICES


between


THE CITY OF WICHITA, KANSAS


and


MKEC ENGINEERING CONSULTANTS, INC.


for


WOODLAND LAKES ESTATES 3RD ADDITION



THIS AGREEMENT, made this ________________ day of _____________________________________, 2004, by and between the CITY OF WICHITA, KANSAS, party of the first part, hereinafter called the "CITY" and MKEC ENGINEERING CONSULTANTS, INC., party of the second part, hereinafter called the "ENGINEER".
WITNESSETH:  That
WHEREAS, the CITY intends to construct;
WATER DISTRIBUTION SYSTEM NO. 448 89787 serving Lots 1 through 11, Block 3; Lots 1 through 30, Block 4, Woodland Lakes Estates 3rd Addition (south of Lincoln, west of 127th Street East) (Project No. 448 89787).
LATERAL 347, FOUR MILE CREEK SEWER serving Lots 1 through 7, Block 3; Lots 1 through 25, Block 4; Lots 27 through 30, Block 4, Woodland Lakes Estates 3rd Addition (south of Lincoln, west of 127th Street East) (Project No. 468 83590).
STORM WATER DRAIN NO. 199 serving Lots 1 through 31, Block 3; Lots 1 through 34, Block 4, Woodland Lakes Estates 3rd Addition (south of Lincoln, west of 127th Street East) (Project No. 468 83592).
GLENMOOR from the north line of Zimmerly to the south line of Lincoln; GLENMOOR COURT serving Lots 1 through 9, Block 4, from the east line of Glenmoor to and including the cul-de-sac; GLENMOOR COURT serving Lots 13 through 26, Block 4, from the east line of Glenmoor to and including the cul-de-sac; SIDEWALK on one side of Glenmoor from the north line of Zimmerly to the south line of Lot 13, Block 4 (south of Lincoln, west of 127th Street East) (Project No. 472 83717).

NOW, THEREFORE, the parties hereto do mutually agree as follows:

I.	SCOPE OF SERVICES
The ENGINEER shall furnish professional services as required for designing improvements in Woodland Lakes Estates 3rd Addition and perform the PROJECT tasks outlined in Exhibit A.

II.	IN ADDITION, THE ENGINEER AGREES
A.	To provide the various technical and professional services, equipment, material and transportation to perform the tasks as outlined in the SCOPE OF SERVICES (Exhibit A).
B.	To attend meetings with the City and other local, state and federal agencies as necessitated by the SCOPE OF SERVICES.
C.	To make available during regular office hours, all calculations, sketches and drawings such as the CITY may wish to examine periodically during performance of this agreement.
D.	To save and hold CITY harmless against all suits, claims, damages and losses for injuries to persons or property arising from or caused by errors, omissions or negligent acts of ENGINEER, its agents, servants, employees, or subcontractors occurring in the performance of its services under this contract.
E.	To maintain books, documents, papers, accounting records and other evidence pertaining to costs incurred by ENGINEER and, where relevant to method of payment, to make such material available to the CITY.
F.	To comply with all Federal, State and local laws, ordinances and regulations applicable to the work, including Title VI of the Civil Rights Act of 1964, and to comply with the CITY'S Affirmative Action Program as set forth in Exhibit "B" which is attached hereto and adopted by reference as though fully set forth herein.
G.	To accept compensation for the work herein described in such amounts and at such periods as provided in Article IV and that such compensation shall be satisfactory and sufficient payment for all work performed, equipment or materials used and services rendered in connection with such work.
H.	To complete the services to be performed by ENGINEER within the time allotted for the PROJECT in accordance with Exhibit A; EXCEPT that the ENGINEER shall not be responsible or held liable for delays occasioned by the actions or inactions of the CITY or other agencies, or for other unavoidable delays beyond control of the ENGINEER.
I.	Covenants and represents to be responsible for the professional and technical accuracies and the coordination of all designs, drawings, specifications, plans and/or other work or material furnished by the ENGINEER under this agreement.  ENGINEER further agrees, covenants and represents, that all designs, drawings, specifications, plans, and other work or material furnished by ENGINEER, its agents, employees and subcontractors, under this agreement, including any additions, alterations or amendments thereof, shall be free from negligent errors or omissions.
J.	ENGINEER shall procure and maintain such insurance as will protect the ENGINEER from damages resulting from the negligent acts of the ENGINEER, its agents, officers, employees and subcontractors in the performance of the professional services rendered under this agreement. Such policy of insurance shall be in an amount not less than $500,000.00 subject to a deductible of $5,000.00.  In addition, a Workman's Compensation and Employer's Liability Policy shall be procured and maintained.  This policy shall include an "all state" endorsement.   Said insurance policy shall also cover claims for injury, disease or death of employees arising out of and in the course of their employment, which, for any reason, may not fall within the provisions of the Workman's Compensation Law.  The liability limit shall be not less than:

Workman's Compensation - Statutory
Employer's Liability - $500,000 each occurrence.

Further, a comprehensive general liability policy shall be procured and maintained by the ENGINEER that shall be written in a comprehensive form and shall protect ENGINEER against all claims arising from injuries to persons (other than ENGINEER'S employees) or damage to property of the CITY or others arising out of any negligent act or omission of ENGINEER, its agents, officers, employees or subcontractors in the performance of the professional services under this agreement.  The liability limit shall not be less than $500,000.00 per occurrence for bodily injury, death and property damage.  Satisfactory Certificates of Insurance shall be filed with the CITY prior to the time ENGINEER starts any work under this agreement.  In addition, insurance policies applicable hereto shall contain a provision that provides that the CITY shall be given thirty (30) days written notice by the insurance company before such policy is substantially changed or canceled.
K.	To designate a Project Manager for the coordination of the work that this agreement requires to be performed.  The ENGINEER agrees to advise the CITY, in writing, of the person(s) designated as Project Manager not later than five (5) days following issuance of the notice to proceed on the work required by this agreement.  The ENGINEER shall also advise the CITY of any changes in the person designated Project Manager.  Written notification shall be provided to the CITY for any changes exceeding one week in length of time.

III.	THE CITY AGREES:
A.	To furnish all available data pertaining to the PROJECT now in the CITY'S files at no cost to the ENGINEER.  Confidential materials so furnished will be kept confidential by the ENGINEER.
B.	To provide standards as required for the PROJECT; however, reproduction costs are the responsibility of the ENGINEER, except as specified in Exhibit A.
C.	To pay the ENGINEER for his services in accordance with the requirements of this agreement.
D.	To provide the right-of-entry for ENGINEER'S personnel in performing field surveys and inspections.
E.	To designate a Project Manager for the coordination of the work that this agreement requires to be performed.  The CITY agrees to advise, the ENGINEER, in writing, of the person(s) designated as Project Manager with the issuance of the notice to proceed on the work required by this agreement.  The CITY shall also advise the ENGINEER of any changes in the person(s) designated Project Manager.  Written notification shall be provided to the ENGINEER for any changes exceeding one week in length of time.
F.	To examine all studies, reports, sketches, drawings, specifications, proposals and other documents presented by ENGINEER in a timely fashion.

IV.	PAYMENT PROVISIONS 
A.	Payment to the ENGINEER for the performance of the professional services required by this agreement shall be made on the basis of the lump sum fee amount specified below:

Project No. 448 89787        $  6,600.00
Project No. 468 83590        $  5,500.00
Project No. 468 83592        $25,000.00
Project No. 472 83717        $26,200.00
TOTAL                               $63,300.00

B.	When requested by the CITY, the ENGINEER will enter into a Supplemental Agreement for additional services related to the PROJECT such as, but not limited to:
1.	Consultant or witness for the CITY in any litigation, administrative hearing, or other legal proceedings related to the PROJECT.
2.	Additional design services not covered by the scope of this agreement.
3.	Construction staking, material testing, inspection and administration related to the PROJECT.
4.	A major change in the scope of services for the PROJECT.
If additional work should be necessary, the ENGINEER will be given written notice by the CITY along with a request for an estimate of the increase necessary in the not-to-exceed fee for performance of such additions.  No additional work shall be performed nor shall additional compensation be paid except on the basis of a Supplemental Agreement duly entered into by the parties.

V.	THE PARTIES HERETO MUTUALLY AGREE:
A.	That the right is reserved to the CITY to terminate this agreement at any time, upon written notice, in the event the PROJECT is to be abandoned or indefinitely postponed, or because of the ENGINEER'S inability to proceed with the work, or because the services of the ENGINEER are unsatisfactory; PROVIDED, however, that in any case the ENGINEER shall be paid the reasonable value of the services rendered up to the time of termination on the basis of the provisions of this agreement, but in no case shall payment be more than the ENGINEER'S actual costs plus a fee for profit based upon a fixed percentage of the ENGINEER'S actual costs.
B.	That the field notes and other pertinent drawings and documents pertaining to the PROJECT shall become the property of the CITY upon completion or termination of the ENGINEER'S services in accordance with this agreement; and there shall be no restriction or limitation on their further use by the CITY.  Provided, however, that CITY shall hold ENGINEER harmless from any and all claims, damages or causes of action which arise out of such further use when such further use is not in connection with the PROJECT.
C.	That the services to be performed by the ENGINEER under the terms of this agreement are personal and cannot be assigned, sublet or transferred without specific consent of the CITY.
D.	In the event of unavoidable delays in the progress of the work contemplated by this agreement, reasonable extensions in the time allotted for the work will be granted by the CITY, provided, however, that the ENGINEER shall request extensions, in writing, giving the reasons therefor.
E.	It is further agreed that this agreement and all contracts entered into under the provisions of this agreement shall be binding upon the parties hereto and their successors and assigns.
F.	Neither the CITY'S review, approval or acceptance of, nor payment for, any of the work or services required to be performed by the ENGINEER under this agreement shall be construed to operate as a waiver of any right under this agreement or any cause of action arising out of the performance of this agreement. 
G.	The rights and remedies of the CITY provided for under this agreement are in addition to any other rights and remedies provided by law.
H.	It is specifically agreed between the parties executing this contract, that it is not intended by any of the provisions of any part of this contract to create the public or any member thereof a third party beneficiary hereunder, or to authorize anyone not a party to this contract to maintain a suit for damages pursuant to the terms or provisions of this contract.

IN WITNESS WHEREOF, the CITY and the ENGINEER have executed this agreement as of the date first written above.

						       BY ACTION OF THE CITY COUNCIL

						       ___________________________________________
						       Carlos Mayans, Mayor       
SEAL:

ATTEST:

____________________________________________
Karen Sublett, City Clerk


APPROVED AS TO FORM:

____________________________________________
Gary Rebenstorf, Director of Law

					      MKEC ENGINEERING CONSULTANT, INC.

					                       ___________________________________________
					                        (Name & Title)
ATTEST:

____________________________________________
                                    
 

EXHIBIT "A"
SCOPE OF SERVICES

The ENGINEER shall furnish engineering services as required for the development of plans, supplemental specifications and estimates of the quantities of work for the PROJECT in the format and detail required by the City Engineer for the City of Wichita.  Engineering plans shall be prepared in ink on standard 22" x 36" Mylar sheets.

In connection with the services to be provided, the ENGINEER shall:

A.	PHASE I - PLAN DEVELOPMENT
When authorized by the CITY, proceed with development of Plans for the PROJECT based on the preliminary design concepts approved by the CITY.
1.	Field Surveys.  Provide engineering and technical personnel and equipment to obtain survey data as required for the engineering design.  Utility companies shall be requested to flag or otherwise locate their facilities within the PROJECT limits prior to the ENGINEER conducting the field survey for the PROJECT.  Utility information shall be clearly noted and identified on the plans.
2.	Soils and Foundation Investigations.  The CITY'S Engineering Division of the Department of Public Works shall provide subsurface borings and soils investigations for the PROJECT.  However, the CITY may authorize the ENGINEER to direct an approved Testing Laboratory to perform subsurface borings and soils investigations for the PROJECT, which shall be reported in the format and detail required by the City Engineer for the City of Wichita.  The Testing Laboratory shall be responsible for the accuracy and competence of their work.  The ENGINEER'S contract with the Testing Laboratory shall provide that the Testing Laboratory is responsible to the City for the accuracy and competence of their work.  The cost of soils and boring investigations shall be passed directly to the City of Wichita. 
3.	Review Preliminary Design Concepts.  Submit preliminary design concepts for review with the City Engineer or his designated representative prior to progressing to detail aspects of the work unless waived by the City Engineer.
4.	Prepare engineering plans, plan quantities and supplemental specifications as required.  Engineering plans will include incidental drainage where required and permanent traffic signing.  The PROJECT'S plans and proposed special provisions shall address the requirements included in the City's Administrative Regulations 78, "Cleanup, Restoration or Replacement Following Construction."  Also, final plans, field notes and other pertinent project mapping records are to be provided to the CITY via floppy diskettes (3 1/2"), CD-ROM, or other media acceptable to the City Engineer.  The files are to be AutoCAD drawing files or DXF/DXB files.  Layering, text fonts, etc. are to be reviewed and approved during the preliminary concept development phase of the design work.  Text fonts other than standard AutoCAD files are to be included with drawing files.  In addition to supplying the electronic files of the AutoCAD drawing files of the final plans, ENGINEER will also need to supply electronic files of the drawings in PDF format.
5.	Prepare right-of-way tract maps and descriptions as required in clearly drawn detail and with sufficient reference to certificate of title descriptions.  ENGINEER will perform all necessary survey work associated with marking the additional right-of-way easements.  This shall include the setting monuments of new corners for any additional right-of-way and a one time marking of the right-of-way for utility relocations.
6.	Identify all potential utility conflicts and provide prints of preliminary plans showing the problem locations to each utility.  ENGINEER shall meet with utility company representatives to review plans and coordinate resolution of utility conflicts prior to PROJECT letting or, if approved by the City Engineer, identify on plans conflicts to be resolved during construction.  Provide to CITY utility status report identifying utility conflicts with dates by which the conflicts will be eliminated with signed utility agreements from each involved utility company.  ENGINEER shall meet with involved utility company/ies and project contractor to resolve any conflicts with utilities that occur during construction that were not identified and coordinated during design.
7.	Deliver the original tracings of the Final approved plans to the CITY for their use in printing plans for prospective bidders.
8.	All applicable coordinate control points and related project staking information shall be furnished on a 3-1/2" diskette in a format agreed upon by the CITY.  When applicable, this coordinate information will be used by the CITY for construction staking purposes.
9.	Project Milestones.  The ENGINEER agrees to complete and deliver the field notes, preliminary and final plans (including final tracings), specifications and estimates to the CITY within the time allotted for the PROJECT as stipulated below and generally in accordance with the project bar chart attached to Exhibit A; EXCEPT that the ENGINEER shall not be responsible or held liable for delays occasioned by the actions or inactions of the CITY or other agencies, or for other unavoidable delays beyond the control of the ENGINEER.
a.	Plan Development for the water improvements by 120 days from notice to proceed.
(Project No. 448 89787).
b.	Plan Development for the sewer improvements by 120 days from notice to proceed.
(Project No. 468 83590).
c.	Plan Development for the drainage improvements by 120 days from notice to proceed.
(Project No. 468 83592).
d.	Plan Development for the paving improvements by 120 days from notice to proceed.
(Project No. 472 83717).



Agenda Item No. 13b

City of Wichita
City Council Meeting
April 19, 2005

Agenda Report No. 05-0346


TO:			Mayor and City Council Members

SUBJECT:	Agreement for Design Services for Auburn Hills 15th Addition (west of 135th Street West, north of Kellogg) (District V)

INITIATED BY:	Department of Public Works

AGENDA:		Consent


Recommendation:  Approve the Agreement.

Background:  The City Council approved the water distribution system and paving improvements in Auburn Hills 15th Addition on March 1, 2005.

Analysis:  The proposed Agreement between the City and Baughman Company, P.A. provides for the design of bond financed improvements consisting of water distribution system and paving in Auburn Hills 15th Addition.  Per Administrative Regulation 7a, staff recommends that Baughman be hired for this work, as this firm provided the preliminary engineering services for the platting of the subdivision and can expedite plan preparation.

Financial Considerations:  Payment to Baughman will be on a lump sum basis of $19,300, and will be paid by special assessments. 

Legal Considerations:  The Agreement has been approved as to form by the Law Department. 

Recommendation/Action:  It is recommended that the City Council approve the Agreement and authorize the necessary signatures.
 
AGREEMENT
 

for


PROFESSIONAL SERVICES


between


THE CITY OF WICHITA, KANSAS 


and


BAUGHMAN COMPANY, P.A.


for


AUBURN HILLS 15TH ADDITION



THIS AGREEMENT, made this ________________ day of _____________________________________, 2005, by and between the CITY OF WICHITA, KANSAS, party of the first part, hereinafter called the "CITY" and BAUGHMAN COMPANY, P.A., party of the second part, hereinafter called the "ENGINEER".
WITNESSETH:  That
WHEREAS, the CITY intends to construct;

WATER DISTRIBUTION SYSTEM NUMBER 448 90035 serving Lots 13 through 36, Block B; Lots 3 through 9, Block C, Auburn Hills 15th Addition (west of 135th Street West, north of Kellogg) (Project No. 448 90035).
 
MONTEREY from the west line of Lot 37, Block B, north to the south line of Lot l9, Block B, OCALA from the south line of Lot 19, Block B, north to the west line of Lot 12, Block B, OCALA COURT from the west line of Monterey and that sidewalk be constructed along one side of Monterey and Ocala (west of l35th Street West, north of Kellogg) (Project No. 472 84145).

NOW, THEREFORE, the parties hereto do mutually agree as follows:

I.	SCOPE OF SERVICES
The ENGINEER shall furnish professional services as required for designing improvements in Auburn Hills 15th Addition and to perform the PROJECT tasks outlined in Exhibit A.

II.	IN ADDITION, THE ENGINEER AGREES
A.	To provide the various technical and professional services, equipment, material and transportation to perform the tasks as outlined in the SCOPE OF SERVICES (Exhibit A).
B.	To attend meetings with the City and other local, state and federal agencies as necessitated by the SCOPE OF SERVICES.
C.	To make available during regular office hours, all calculations, sketches and drawings such as the CITY may wish to examine periodically during performance of this agreement.
D.	To save and hold CITY harmless against all suits, claims, damages and losses for injuries to persons or property arising from or caused by errors, omissions or negligent acts of ENGINEER, its agents, servants, employees, or subcontractors occurring in the performance of its services under this contract.
E.	To maintain books, documents, papers, accounting records and other evidence pertaining to costs incurred by ENGINEER and, where relevant to method of payment, to make such material available to the CITY.
F.	To comply with all Federal, State and local laws, ordinances and regulations applicable to the work, including Title VI of the Civil Rights Act of 1964, and to comply with the CITY'S Affirmative Action Program as set forth in Exhibit "B" which is attached hereto and adopted by reference as though fully set forth herein.
G.	To accept compensation for the work herein described in such amounts and at such periods as provided in Article IV and that such compensation shall be satisfactory and sufficient payment for all work performed, equipment or materials used and services rendered in connection with such work.
H.	To complete the services to be performed by ENGINEER within the time allotted for the PROJECT in accordance with Exhibit A; EXCEPT that the ENGINEER shall not be responsible or held liable for delays occasioned by the actions or inactions of the CITY or other agencies, or for other unavoidable delays beyond control of the ENGINEER.
I.	Covenants and represents to be responsible for the professional and technical accuracies and the coordination of all designs, drawings, specifications, plans and/or other work or material furnished by the ENGINEER under this agreement.  ENGINEER further agrees, covenants and represents, that all designs, drawings, specifications, plans, and other work or material furnished by ENGINEER, its agents, employees and subcontractors, under this agreement, including any additions, alterations or amendments thereof, shall be free from negligent errors or omissions.
J.	ENGINEER shall procure and maintain such insurance as will protect the ENGINEER from damages resulting from the negligent acts of the ENGINEER, its agents, officers, employees and subcontractors in the performance of the professional services rendered under this agreement. Such policy of insurance shall be in an amount not less than $500,000.00 subject to a deductible of $10,000.00.  In addition, a Workman's Compensation and Employer's Liability Policy shall be procured and maintained.  This policy shall include an "all state" endorsement.   Said insurance policy shall also cover claims for injury, disease or death of employees arising out of and in the course of their employment, which, for any reason, may not fall within the provisions of the Workman's Compensation Law.  The liability limit shall be not less than:

Workman's Compensation - Statutory
Employer's Liability - $500,000 each occurrence.

Further, a comprehensive general liability policy shall be procured and maintained by the ENGINEER that shall be written in a comprehensive form and shall protect ENGINEER against all claims arising from injuries to persons (other than ENGINEER'S employees) or damage to property of the CITY or others arising out of any negligent act or omission of ENGINEER, its agents, officers, employees or subcontractors in the performance of the professional services under this agreement.  The liability limit shall not be less than $500,000.00 per occurrence for bodily injury, death and property damage.  Satisfactory Certificates of Insurance shall be filed with the CITY prior to the time ENGINEER starts any work under this agreement.  In addition, insurance policies applicable hereto shall contain a provision that provides that the CITY shall be given thirty (30) days written notice by the insurance company before such policy is substantially changed or canceled.
K.	To designate a Project Manager for the coordination of the work that this agreement requires to be performed.  The ENGINEER agrees to advise the CITY, in writing, of the person(s) designated as Project Manager not later than five (5) days following issuance of the notice to proceed on the work required by this agreement.  The ENGINEER shall also advise the CITY of any changes in the person designated Project Manager.  Written notification shall be provided to the CITY for any changes exceeding one week in length of time.

III.	THE CITY AGREES:
A.	To furnish all available data pertaining to the PROJECT now in the CITY'S files at no cost to the ENGINEER.  Confidential materials so furnished will be kept confidential by the ENGINEER.
B.	To provide standards as required for the PROJECT; however, reproduction costs are the responsibility of the ENGINEER, except as specified in Exhibit A.
C.	To pay the ENGINEER for his services in accordance with the requirements of this agreement.
D.	To provide the right-of-entry for ENGINEER'S personnel in performing field surveys and inspections.
E.	To designate a Project Manager for the coordination of the work that this agreement requires to be performed.  The CITY agrees to advise, the ENGINEER, in writing, of the person(s) designated as Project Manager with the issuance of the notice to proceed on the work required by this agreement.  The CITY shall also advise the ENGINEER of any changes in the person(s) designated Project Manager.  Written notification shall be provided to the ENGINEER for any changes exceeding one week in length of time.
F.	To examine all studies, reports, sketches, drawings, specifications, proposals and other documents presented by ENGINEER in a timely fashion.

IV.	PAYMENT PROVISIONS 
A.	Payment to the ENGINEER for the performance of the professional services required by this agreement shall be made on the basis of the lump sum fee amount specified below:

Project No. 448 90035              $  5,900.00
Project No. 472 84145              $13,400.00
TOTAL                                     $19,300.00

B.	When requested by the CITY, the ENGINEER will enter into a Supplemental Agreement for additional services related to the PROJECT such as, but not limited to:
1.	Consultant or witness for the CITY in any litigation, administrative hearing, or other legal proceedings related to the PROJECT.
2.	Additional design services not covered by the scope of this agreement.
3.	Construction staking, material testing, inspection and administration related to the PROJECT.
4.	A major change in the scope of services for the PROJECT.
If additional work should be necessary, the ENGINEER will be given written notice by the CITY along with a request for an estimate of the increase necessary in the not-to-exceed fee for performance of such additions.  No additional work shall be performed nor shall additional compensation be paid except on the basis of a Supplemental Agreement duly entered into by the parties.

V.	THE PARTIES HERETO MUTUALLY AGREE:
A.	That the right is reserved to the CITY to terminate this agreement at any time, upon written notice, in the event the PROJECT is to be abandoned or indefinitely postponed, or because of the ENGINEER'S inability to proceed with the work, or because the services of the ENGINEER are unsatisfactory; PROVIDED, however, that in any case the ENGINEER shall be paid the reasonable value of the services rendered up to the time of termination on the basis of the provisions of this agreement, but in no case shall payment be more than the ENGINEER'S actual costs plus a fee for profit based upon a fixed percentage of the ENGINEER'S actual costs.
B.	That the field notes and other pertinent drawings and documents pertaining to the PROJECT shall become the property of the CITY upon completion or termination of the ENGINEER'S services in accordance with this agreement; and there shall be no restriction or limitation on their further use by the CITY.  Provided, however, that CITY shall hold ENGINEER harmless from any and all claims, damages or causes of action which arise out of such further use when such further use is not in connection with the PROJECT.
C.	That the services to be performed by the ENGINEER under the terms of this agreement are personal and cannot be assigned, sublet or transferred without specific consent of the CITY.
D.	In the event of unavoidable delays in the progress of the work contemplated by this agreement, reasonable extensions in the time allotted for the work will be granted by the CITY, provided, however, that the ENGINEER shall request extensions, in writing, giving the reasons therefor.
E.	It is further agreed that this agreement and all contracts entered into under the provisions of this agreement shall be binding upon the parties hereto and their successors and assigns.
F.	Neither the CITY'S review, approval or acceptance of, nor payment for, any of the work or services required to be performed by the ENGINEER under this agreement shall be construed to operate as a waiver of any right under this agreement or any cause of action arising out of the performance of this agreement. 
G.	The rights and remedies of the CITY provided for under this agreement are in addition to any other rights and remedies provided by law.
H.	It is specifically agreed between the parties executing this contract, that it is not intended by any of the provisions of any part of this contract to create the public or any member thereof a third party beneficiary hereunder, or to authorize anyone not a party to this contract to maintain a suit for damages pursuant to the terms or provisions of this contract.

	IN WITNESS WHEREOF, the CITY and the ENGINEER have executed this agreement as of the date first written above.


						       BY ACTION OF THE CITY COUNCIL


						       ______________________________________
					       Carlos Mayans, Mayor



SEAL:

ATTEST:


____________________________________________
Karen Sublett, City Clerk


APPROVED AS TO FORM:


___________________________________________
Gary Rebenstorf, Director of Law
          

					        BAUGHMAN COMPANY, P.A.


					                     ___________________________________________
						                   (Name & Title)


ATTEST:


____________________________________________

 
"EXHIBIT "A

SCOPE OF SERVICES

The ENGINEER shall furnish engineering services as required for the development of plans, supplemental specifications and estimates of the quantities of work for the PROJECT in the format and detail required by the City Engineer for the City of Wichita.  Engineering plans shall be prepared in ink on standard 22" x 36" mylar sheets.

In connection with the services to be provided, the ENGINEER shall:

A.	PHASE I  - PLAN DEVELOPMENT
When authorized by the CITY, proceed with development of Plans for the PROJECT based on the preliminary design concepts approved by the CITY.
1.	Field Surveys.  Provide engineering and technical personnel and equipment to obtain survey data as required for the engineering design.  Utility companies shall be requested to flag or otherwise locate their facilities within the PROJECT limits prior to the ENGINEER conducting the field survey for the PROJECT.  Utility information shall be clearly noted and identified on the plans.
2.	Soils and Foundation Investigations.  The CITY'S Engineering Division of the Department of Public Works shall provide subsurface borings and soils investigations for the PROJECT.  However, the CITY may authorize the ENGINEER to direct an approved Testing Laboratory to perform subsurface borings and soils investigations for the PROJECT, which shall be reported in the format and detail required by the City Engineer for the City of Wichita.  The Testing Laboratory shall be responsible for the accuracy and competence of their work.  The ENGINEER'S contract with the Testing Laboratory shall provide that the Testing Laboratory is responsible to the City for the accuracy and competence of their work.  The cost of soils and boring investigations shall be passed directly to the City of Wichita.
3.	Review Preliminary Design Concepts.  Submit preliminary design concepts for review with the City Engineer or his designated representative prior to progressing to detail aspects of the work unless waived by the City Engineer.
4.	Prepare engineering plans, plan quantities and supplemental specifications as required.  Engineering plans will include incidental drainage where required and permanent traffic signing.  The PROJECT's plans and proposed special provisions shall address the requirements included in the City's Administrative Regulations 78, "Cleanup, Restoration or Replacement Following Construction."  Also, final plans, field notes and other pertinent project mapping records are to be provided to the CITY via floppy diskettes (3 1/2"), CD-ROM, or other media acceptable to the City Engineer.  The files are to be AutoCAD drawing files or DXF/DXB files.  Layering, text fonts, etc. are to be reviewed and approved during the preliminary concept development phase of the design work.  Text fonts other than standard AutoCAD files are to be included with drawing files.  In addition to supplying the electronic files of the AutoCAD drawing files of the final plans, ENGINEER will also need to supply electronic files of the drawings in PDF format.
5.	Prepare right-of-way tract maps and descriptions as required in clearly drawn detail and with sufficient reference to certificate of title descriptions.  ENGINEER will perform all necessary survey work associated with marking the additional right-of-way easements.  This shall include the monumentation of new corners for any additional right-of-way and a one time marking of the right-of-way for utility relocations.
6.	Identify all potential utility conflicts and provide prints of preliminary plans showing the problem locations to each utility.  ENGINEER shall meet with utility company representatives to review plans and coordinate resolution of utility conflicts prior to PROJECT letting or, if approved by the City Engineer, identify on plans conflicts to be resolved during construction.  Provide to CITY utility status report identifying utility conflicts with dates by which the conflicts will be eliminated with signed utility agreements from each involved utility company.  ENGINEER shall meet with involved utility company/ies and project contractor to resolve any conflicts with utilities that occur during construction that were not identified and coordinated during design.
7.	Deliver the original tracings of the Final approved plans to the CITY for their use in printing plans for prospective bidders.
8.	All applicable coordinate control points and related project staking information shall be furnished on a 3-1/2" diskette in a format agreed upon by the CITY.  When applicable, this coordinate information will be used by the CITY for construction staking purposes.
9.	Complete and deliver field notes, plan tracings, specifications and estimates to the CITY within the time allotted for the PROJECTS as stipulated below.
a.	Plan Development for the water improvements by April 18, 2005.
(Project No. 448 90035).
b.	Plan Development for the paving improvements by April 25, 2005.
(Project No. 472 84145).


Agenda Item No. 13c

City of Wichita
City Council Meeting
April 19, 2005

Agenda Report No. 05-0347


TO:			Mayor and City Council Members

SUBJECT:	Agreement for Design Services for The Waterfront Addition (north of 13th, east of Webb) (District II)

INITIATED BY:	Department of Public Works

AGENDA:		Consent


Recommendation:  Approve the Agreement.

Background:  The City Council approved the water distribution system, sanitary sewer and storm water drainage improvements in The Waterfront Addition on March 22, 2005.

Analysis:  The proposed Agreement between the City and MKEC Engineering Consultants, P.A. (MKEC) provides for the design of bond financed improvements consisting of water distribution system, sanitary sewer and storm water drainage in The Waterfront Addition.  Per Administrative Regulation 7a, staff recommends that MKEC be hired for this work, as this firm provided the preliminary engineering services for the platting of the subdivision and can expedite plan preparation.

Financial Considerations:  Payment to MKEC will be on a lump sum basis of $29,050, and will be paid by special assessments. 

Legal Considerations:  The Agreement has been approved as to form by the Law Department. 

Recommendation/Action:  It is recommended that the City Council approve the Agreement and authorize the necessary signatures.
 
AGREEMENT


for


PROFESSIONAL SERVICES


between


THE CITY OF WICHITA, KANSAS


and


MKEC ENGINEERING CONSULTANTS, INC.


for


THE WATERFRONT ADDITION


THIS AGREEMENT, made this ________________ day of _____________________________________, 2005, by and between the CITY OF WICHITA, KANSAS, party of the first part, hereinafter called the "CITY" and MKEC ENGINEERING CONSULTANTS, INC., party of the second part, hereinafter called the "ENGINEER".
WITNESSETH:  That
WHEREAS, the CITY intends to construct;
WATER DISTRIBUTION SYSTEM NO. 448 90037 serving Lot 3, Block 1, except beginning at the northwest corner of said Lots 3, thence along a curve to the right and along the north line of said Lot 3, 33.53 feet, said curve having a central angle of 07°41'03", a radius of 250.00 feet, and along chord distance of 33.50 feet, bearing S69°28'12" E; thence continuing along said north line on a platted bearing of S65°37'40" E, 267.82 feet; thence S23°53'43" W, 46.00 feet; thence N65°37'40" W, 119.85 feet; thence S79°38'35" W, 79.51 feet; thence S24°22'20" W, 56.40 feet; thence S01°06'12" W, 167.69 feet; thence S30°00'00" E, 106.49 feet to the southwesterly line of said Lot 3; thence along said southwesterly line of said Lot 3, N53°19'02" W, 37.89 feet to the westerly line of said Lot 3; thence along said westerly line for the next four courses, N22°10'21" W, 171.48 feet; thence N14°23'50" E, 69.32 feet; thence N00°35'51" W, 82.64 feet; thence N09°01'02" W, 110.57 feet to the point of beginning; Lot 4, Block 1, The Waterfront Addition (north of 13th, east of Webb) (Project No. 448 90037).
LATERAL 50, MAIN 24, WAR INDUSTRIES SEWER serving Lot 3, Block 1, except beginning at the northwest corner of said Lots 3, thence along a curve to the right and along the north line of said Lot 3, 33.53 feet, said curve having a central angle of 07°41'03", a radius of 250.00 feet, and along chord distance of 33.50 feet, bearing S69°28'12" E; thence continuing along said north line on a platted bearing of S65°37'40" E, 267.82 feet; thence S23°53'43" W, 46.00 feet; thence N65°37'40" W, 119.85 feet; thence S79°38'35" W, 79.51 feet; thence S24°22'20" W, 56.40 feet; thence S01°06'12" W, 167.69 feet; thence S30°00'00" E, 106.49 feet to the southwesterly line of said Lot 3; thence along said southwesterly line of said Lot 3, N53°19'02" W, 37.89 feet to the westerly line of said Lot 3; thence along said westerly line for the next four courses, N22°10'21" W, 171.48 feet; thence N14°23'50" E, 69.32 feet; thence N00°35'51" W, 82.64 feet; thence N09°01'02" W, 110.57 feet to the point of beginning; Lot 4, Block 1, The Waterfront Addition (north of 13th, east of Webb) (Project No. 468 83949).
STORM WATER SEWER NO. 612 serving Lot 3, Block 1, except beginning at the northwest corner of said Lots 3, thence along a curve to the right and along the north line of said Lot 3, 33.53 feet, said curve having a central angle of 07°41'03", a radius of 250.00 feet, and along chord distance of 33.50 feet, bearing S69°28'12" E; thence continuing along said north line on a platted bearing of S65°37'40" E, 267.82 feet; thence S23°53'43" W, 46.00 feet; thence N65°37'40" W, 119.85 feet; thence S79°38'35" W, 79.51 feet; thence S24°22'20" W, 56.40 feet; thence S01°06'12" W, 167.69 feet; thence S30°00'00" E, 106.49 feet to the southwesterly line of said Lot 3; thence along said southwesterly line of said Lot 3, N53°19'02" W, 37.89 feet to the westerly line of said Lot 3; thence along said westerly line for the next four courses, N22°10'21" W, 171.48 feet; thence N14°23'50" E, 69.32 feet; thence N00°35'51" W, 82.64 feet; thence N09°01'02" W, 110.57 feet to the point of beginning; Lot 4, Block 1, The Waterfront Addition (north of 13th, east of Webb) (Project No. 468 83951).
STORM WATER DRAIN NO. 250 serving Lot 3, Block 1, except beginning at the northwest corner of said Lots 3, thence along a curve to the right and along the north line of said Lot 3, 33.53 feet, said curve having a central angle of 07°41'03", a radius of 250.00 feet, and along chord distance of 33.50 feet, bearing S69°28'12" E; thence continuing along said north line on a platted bearing of S65°37'40" E, 267.82 feet; thence S23°53'43" W, 46.00 feet; thence N65°37'40" W, 119.85 feet; thence S79°38'35" W, 79.51 feet; thence S24°22'20" W, 56.40 feet; thence S01°06'12" W, 167.69 feet; thence S30°00'00" E, 106.49 feet to the southwesterly line of said Lot 3; thence along said southwesterly line of said Lot 3, N53°19'02" W, 37.89 feet to the westerly line of said Lot 3; thence along said westerly line for the next four courses, N22°10'21" W, 171.48 feet; thence N14°23'50" E, 69.32 feet; thence N00°35'51" W, 82.64 feet; thence N09°01'02" W, 110.57 feet to the point of beginning; Lot 4, Block 1, The Waterfront Addition (north of 13th, east of Webb) (Project No. 468 83950).

NOW, THEREFORE, the parties hereto do mutually agree as follows:

I.	SCOPE OF SERVICES
The ENGINEER shall furnish professional services as required for designing improvements in The Waterfront Addition and perform the PROJECT tasks outlined in Exhibit A.

II.	IN ADDITION, THE ENGINEER AGREES
A.	To provide the various technical and professional services, equipment, material and transportation to perform the tasks as outlined in the SCOPE OF SERVICES (Exhibit A).
B.	To attend meetings with the City and other local, state and federal agencies as necessitated by the SCOPE OF SERVICES.
C.	To make available during regular office hours, all calculations, sketches and drawings such as the CITY may wish to examine periodically during performance of this agreement.
D.	To save and hold CITY harmless against all suits, claims, damages and losses for injuries to persons or property arising from or caused by errors, omissions or negligent acts of ENGINEER, its agents, servants, employees, or subcontractors occurring in the performance of its services under this contract.
E.	To maintain books, documents, papers, accounting records and other evidence pertaining to costs incurred by ENGINEER and, where relevant to method of payment, to make such material available to the CITY.
F.	To comply with all Federal, State and local laws, ordinances and regulations applicable to the work, including Title VI of the Civil Rights Act of 1964, and to comply with the CITY'S Affirmative Action Program as set forth in Exhibit "B" which is attached hereto and adopted by reference as though fully set forth herein.
G.	To accept compensation for the work herein described in such amounts and at such periods as provided in Article IV and that such compensation shall be satisfactory and sufficient payment for all work performed, equipment or materials used and services rendered in connection with such work.
H.	To complete the services to be performed by ENGINEER within the time allotted for the PROJECT in accordance with Exhibit A; EXCEPT that the ENGINEER shall not be responsible or held liable for delays occasioned by the actions or inactions of the CITY or other agencies, or for other unavoidable delays beyond control of the ENGINEER.
I.	Covenants and represents to be responsible for the professional and technical accuracies and the coordination of all designs, drawings, specifications, plans and/or other work or material furnished by the ENGINEER under this agreement.  ENGINEER further agrees, covenants and represents, that all designs, drawings, specifications, plans, and other work or material furnished by ENGINEER, its agents, employees and subcontractors, under this agreement, including any additions, alterations or amendments thereof, shall be free from negligent errors or omissions.
J.	ENGINEER shall procure and maintain such insurance as will protect the ENGINEER from damages resulting from the negligent acts of the ENGINEER, its agents, officers, employees and subcontractors in the performance of the professional services rendered under this agreement. Such policy of insurance shall be in an amount not less than $500,000.00 subject to a deductible of $10,000.00.  In addition, a Workman's Compensation and Employer's Liability Policy shall be procured and maintained.  This policy shall include an "all state" endorsement.   Said insurance policy shall also cover claims for injury, disease or death of employees arising out of and in the course of their employment, which, for any reason, may not fall within the provisions of the Workman's Compensation Law.  The liability limit shall be not less than:

Workman's Compensation - Statutory
Employer's Liability - $500,000 each occurrence.

Further, a comprehensive general liability policy shall be procured and maintained by the ENGINEER that shall be written in a comprehensive form and shall protect ENGINEER against all claims arising from injuries to persons (other than ENGINEER'S employees) or damage to property of the CITY or others arising out of any negligent act or omission of ENGINEER, its agents, officers, employees or subcontractors in the performance of the professional services under this agreement.  The liability limit shall not be less than $500,000.00 per occurrence for bodily injury, death and property damage.  Satisfactory Certificates of Insurance shall be filed with the CITY prior to the time ENGINEER starts any work under this agreement.  In addition, insurance policies applicable hereto shall contain a provision that provides that the CITY shall be given thirty (30) days written notice by the insurance company before such policy is substantially changed or canceled.
K.	To designate a Project Manager for the coordination of the work that this agreement requires to be performed.  The ENGINEER agrees to advise the CITY, in writing, of the person(s) designated as Project Manager not later than five (5) days following issuance of the notice to proceed on the work required by this agreement.  The ENGINEER shall also advise the CITY of any changes in the person designated Project Manager.  Written notification shall be provided to the CITY for any changes exceeding one week in length of time.

III.	THE CITY AGREES:
A.	To furnish all available data pertaining to the PROJECT now in the CITY'S files at no cost to the ENGINEER.  Confidential materials so furnished will be kept confidential by the ENGINEER.
B.	To provide standards as required for the PROJECT; however, reproduction costs are the responsibility of the ENGINEER, except as specified in Exhibit A.
C.	To pay the ENGINEER for his services in accordance with the requirements of this agreement.
D.	To provide the right-of-entry for ENGINEER'S personnel in performing field surveys and inspections.
E.	To designate a Project Manager for the coordination of the work that this agreement requires to be performed.  The CITY agrees to advise, the ENGINEER, in writing, of the person(s) designated as Project Manager with the issuance of the notice to proceed on the work required by this agreement.  The CITY shall also advise the ENGINEER of any changes in the person(s) designated Project Manager.  Written notification shall be provided to the ENGINEER for any changes exceeding one week in length of time.
F.	To examine all studies, reports, sketches, drawings, specifications, proposals and other documents presented by ENGINEER in a timely fashion.

IV.	PAYMENT PROVISIONS 
A.	Payment to the ENGINEER for the performance of the professional services required by this agreement shall be made on the basis of the lump sum fee amount specified below:

Project No. 448 90037        $  5,300.00
Project No. 468 83949        $  3,000.00
Project No. 468 83951        $  8,950.00
Project No. 468 83950        $11,800.00
TOTAL                               $29,050.00

B.	When requested by the CITY, the ENGINEER will enter into a Supplemental Agreement for additional services related to the PROJECT such as, but not limited to:
1.	Consultant or witness for the CITY in any litigation, administrative hearing, or other legal proceedings related to the PROJECT.
2.	Additional design services not covered by the scope of this agreement.
3.	Construction staking, material testing, inspection and administration related to the PROJECT.
4.	A major change in the scope of services for the PROJECT.
If additional work should be necessary, the ENGINEER will be given written notice by the CITY along with a request for an estimate of the increase necessary in the not-to-exceed fee for performance of such additions.  No additional work shall be performed nor shall additional compensation be paid except on the basis of a Supplemental Agreement duly entered into by the parties.

V.	THE PARTIES HERETO MUTUALLY AGREE:
A.	That the right is reserved to the CITY to terminate this agreement at any time, upon written notice, in the event the PROJECT is to be abandoned or indefinitely postponed, or because of the ENGINEER'S inability to proceed with the work, or because the services of the ENGINEER are unsatisfactory; PROVIDED, however, that in any case the ENGINEER shall be paid the reasonable value of the services rendered up to the time of termination on the basis of the provisions of this agreement, but in no case shall payment be more than the ENGINEER'S actual costs plus a fee for profit based upon a fixed percentage of the ENGINEER'S actual costs.
B.	That the field notes and other pertinent drawings and documents pertaining to the PROJECT shall become the property of the CITY upon completion or termination of the ENGINEER'S services in accordance with this agreement; and there shall be no restriction or limitation on their further use by the CITY.  Provided, however, that CITY shall hold ENGINEER harmless from any and all claims, damages or causes of action which arise out of such further use when such further use is not in connection with the PROJECT.
C.	That the services to be performed by the ENGINEER under the terms of this agreement are personal and cannot be assigned, sublet or transferred without specific consent of the CITY.
D.	In the event of unavoidable delays in the progress of the work contemplated by this agreement, reasonable extensions in the time allotted for the work will be granted by the CITY, provided, however, that the ENGINEER shall request extensions, in writing, giving the reasons therefor.
E.	It is further agreed that this agreement and all contracts entered into under the provisions of this agreement shall be binding upon the parties hereto and their successors and assigns.
F.	Neither the CITY'S review, approval or acceptance of, nor payment for, any of the work or services required to be performed by the ENGINEER under this agreement shall be construed to operate as a waiver of any right under this agreement or any cause of action arising out of the performance of this agreement. 
G.	The rights and remedies of the CITY provided for under this agreement are in addition to any other rights and remedies provided by law.
H.	It is specifically agreed between the parties executing this contract, that it is not intended by any of the provisions of any part of this contract to create the public or any member thereof a third party beneficiary hereunder, or to authorize anyone not a party to this contract to maintain a suit for damages pursuant to the terms or provisions of this contract.
 


IN WITNESS WHEREOF, the CITY and the ENGINEER have executed this agreement as of the date first written above.


						       BY ACTION OF THE CITY COUNCIL


						       ___________________________________________
						        Carlos Mayans, Mayor       


SEAL:

ATTEST:


____________________________________________
Karen Sublett, City Clerk


APPROVED AS TO FORM:


____________________________________________
Gary Rebenstorf, Director of Law


					      MKEC ENGINEERING CONSULTANT, INC.


					                  ___________________________________________
					                        (Name & Title)


ATTEST:


____________________________________________
                                    
 

EXHIBIT "A"
SCOPE OF SERVICES

The ENGINEER shall furnish engineering services as required for the development of plans, supplemental specifications and estimates of the quantities of work for the PROJECT in the format and detail required by the City Engineer for the City of Wichita.  Engineering plans shall be prepared in ink on standard 22" x 36" Mylar sheets.

In connection with the services to be provided, the ENGINEER shall:

A.	PHASE I - PLAN DEVELOPMENT
When authorized by the CITY, proceed with development of Plans for the PROJECT based on the preliminary design concepts approved by the CITY.
1.	Field Surveys.  Provide engineering and technical personnel and equipment to obtain survey data as required for the engineering design.  Utility companies shall be requested to flag or otherwise locate their facilities within the PROJECT limits prior to the ENGINEER conducting the field survey for the PROJECT.  Utility information shall be clearly noted and identified on the plans.
2.	Soils and Foundation Investigations.  The CITY'S Engineering Division of the Department of Public Works shall provide subsurface borings and soils investigations for the PROJECT.  However, the CITY may authorize the ENGINEER to direct an approved Testing Laboratory to perform subsurface borings and soils investigations for the PROJECT, which shall be reported in the format and detail required by the City Engineer for the City of Wichita.  The Testing Laboratory shall be responsible for the accuracy and competence of their work.  The ENGINEER'S contract with the Testing Laboratory shall provide that the Testing Laboratory is responsible to the City for the accuracy and competence of their work.  The cost of soils and boring investigations shall be passed directly to the City of Wichita. 
3.	Review Preliminary Design Concepts.  Submit preliminary design concepts for review with the City Engineer or his designated representative prior to progressing to detail aspects of the work unless waived by the City Engineer.
4.	Prepare engineering plans, plan quantities and supplemental specifications as required.  Engineering plans will include incidental drainage where required and permanent traffic signing.  The PROJECT'S plans and proposed special provisions shall address the requirements included in the City's Administrative Regulations 78, "Cleanup, Restoration or Replacement Following Construction."  Also, final plans, field notes and other pertinent project mapping records are to be provided to the CITY via floppy diskettes (3 1/2"), CD-ROM, or other media acceptable to the City Engineer.  The files are to be AutoCAD drawing files or DXF/DXB files.  Layering, text fonts, etc. are to be reviewed and approved during the preliminary concept development phase of the design work.  Text fonts other than standard AutoCAD files are to be included with drawing files.  In addition to supplying the electronic files of the AutoCAD drawing files of the final plans, ENGINEER will also need to supply electronic files of the drawings in PDF format.
5.	Prepare right-of-way tract maps and descriptions as required in clearly drawn detail and with sufficient reference to certificate of title descriptions.  ENGINEER will perform all necessary survey work associated with marking the additional right-of-way easements.  This shall include the monumentation of new corners for any additional right-of-way and a one time marking of the right-of-way for utility relocations.
6.	Identify all potential utility conflicts and provide prints of preliminary plans showing the problem locations to each utility.  ENGINEER shall meet with utility company representatives to review plans and coordinate resolution of utility conflicts prior to PROJECT letting or, if approved by the City Engineer, identify on plans conflicts to be resolved during construction.  Provide to CITY utility status report identifying utility conflicts with dates by which the conflicts will be eliminated with signed utility agreements from each involved utility company.  ENGINEER shall meet with involved utility company/ies and project contractor to resolve any conflicts with utilities that occur during construction that were not identified and coordinated during design.
7.	Deliver the original tracings of the Final approved plans to the CITY for their use in printing plans for prospective bidders.
8.	All applicable coordinate control points and related project staking information shall be furnished on a 3-1/2" diskette in a format agreed upon by the CITY.  When applicable, this coordinate information will be used by the CITY for construction staking purposes.
9.	Project Milestones.  The ENGINEER agrees to complete and deliver the field notes, preliminary and final plans (including final tracings), specifications and estimates to the CITY within the time allotted for the PROJECT as stipulated below and generally in accordance with the project bar chart attached to Exhibit A; EXCEPT that the ENGINEER shall not be responsible or held liable for delays occasioned by the actions or inactions of the CITY or other agencies, or for other unavoidable delays beyond the control of the ENGINEER.
a.	Plan Development for the water improvements by 120 days from notice to proceed.
(Project No. 448 90037).
b.	Plan Development for the sewer improvements by 120 days from notice to proceed.
(Project No. 468 83949).
c.	Plan Development for the storm water sewer improvements by 120 days from notice to proceed.
(Project No. 468 83951).
d.	Plan Development for the storm water drain improvements by 120 days from notice to proceed.
(Project No. 468 83950).

Agenda Item No. 14

City of Wichita
City Council Meeting
April 19, 2005

Agenda Report No. 05-0348


TO:	Mayor and City Council Members

SUBJECT:	Change Order:  First and Second Street Drainage Outfall, from West Street to the Arkansas River (Districts IV and VI)

INITIATED BY:	Department of Public Works

AGENDA:	Consent


Recommendation: Approve the Change Order.

Background:  On September 28, 2004 the City Council approved a construction contract for a storm water drain from West Street, along First and Second Streets, then north at Athenian to the Arkansas River at McLean.  Athenian is a narrow concrete street with a median.  The amount of pavement restoration needed at Athenian, due to the poor pavement condition, exceeds the amount expected at the time the project was designed.  In addition, the median will be narrowed which will allow on-street parking and wider traffic lanes.

Analysis: A Change Order has been prepared for the additional work.  Funding is available within the project budget.

Financial Considerations: The total cost of the additional work is $115,000 with the total paid by the Drainage Utility.  The original contract is $5,365,623.  This Change Order plus previous Change Orders represents 2.18% of the original contract amount.


Legal Considerations: The Law Department has approved the Change Order as to legal form.  The Change Order amount is within 25% of the construction contract cost limit set by the City Council policy.

Recommendation/Action:  It is recommended that the City Council approve the Change Order and authorize the necessary signatures.
 

 	October 26, 2004
PUBLIC WORKS-ENGINEERING	CHANGE ORDER

To:  Dondlinger & Sons	Project:  Water Main Replacement - Harry, Oliver to Woodlawn
Change Order No.:  3	Project No.:  448-89700
Purchase Order No.:  301361	OCA No.:  636116
CHARGE TO OCA No.:  636116	PPN:  772513

Please perform the following extra work at a cost not to exceed    $11,950.00

There were originally 60 services estimated to be in need of repair, and 29 more are needed.

OVERRUN:
Long Water Service (1") - 4 ea @ $550.00/ea    =  $  2,200.00
Short Water Service (1") - 25 ea @ $450.00/ea  =  $11,250.00

UNDERRUN:
Long Water Service (2") - 1 ea @ $1,500.00/ea  = ($ 1,500.00)
                                                                    Total       $11,950.00

Recommended By:	Approved:

________________________	________	________________________	_______
Lawrence Schaller, P.E.	Date	Jim Armour, P.E.	Date
Construction Engineer	Acting City Engineer

Approved:	Approved:

________________________	________	________________________	_______
Contractor	Date	Chris Carrier, P.E.	Date
	Acting Director of Public Works

Approved as to Form:	By Order of the City Council:

________________________	________	________________________	_______
Gary Rebenstorf	Date	Carlos Mayans	Date
Director of Law	Mayor

	Attest: ____________________________
		   City Clerk

Agenda Item No. 15a


CITY OF WICHITA
City Council Meeting
April 19, 2005


Agenda Report No. 05-0349

TO: 			Mayor and City Council Members

SUBJECT: 	Acquisition of a Property in the Southeast Corner of 11th Street and Indiana for the McAdams Neighborhood Revitalization Project  (District I)

INITIATED BY: 	Office of Property Management

AGENDA: 		Consent
----------------------------------------------------------------------------------------------------------------------
Recommendation: Approve the acquisition

Background: The McAdams revitalization and beautification project calls or the development of a pocket park and playground at the southeast corner of 11th & Indiana.  The plans for the park require the acquisition of two parcels.  The subject parcel is owned by Mr. Ronald Walters.  The corner site contains 6,228 square feet and is currently vacant. 

Analysis: The parcel was valued at $4,000 based on similar properties in the immediate vicinity.  This amount was offered to the owner and the owner has agreed to sell it for $4,000.  The site is currently open space and will become the north half of the proposed park.

Financial Considerations: A budget of $4,500 is requested.  This includes $4,000 for the acquisition and $500 for closing costs and title insurance.   The revitalization plan includes $100,000 for the acquisition and development of the park.  The funding source is the CDBG funds.  
 
Legal Considerations: The Law Department has approved the contract as to form.

Recommendation/Action: It is recommended that the City Council; 1) Approve the Real Estate Purchase Contract and 2) Authorize all necessary signatures.



Agenda Item No. 15b


CITY OF WICHITA
City Council Meeting
April 19, 2005


Agenda Report No. 05-0350


TO:			Mayor and City Council Members

SUBJECT:	Partial Acquisition of 1133 North Main as a portion of the Abandoned Union Pacific Rail Corridor for the Midtown Greenway (District VI)

INITIATED BY:	Office of Property Management

AGENDA:		Consent
----------------------------------------------------------------------------------------------------------------------
Recommendation: Approve the acquisition.

Background:  In 1999, the Union Pacific Railroad abandoned the rail corridor that runs from Central Ave. And Wichita St. to 15th St. and Broadway. Through this abandonment, rights to the corridor reverted to the adjacent property owners on both sides. The city has reviewed the former corridor and decided that it could be utilited to develop a greenway/lineal park connecting Horace Mann, Irving and Park Schools and the bicycle path on Central. In April 2002, the City Council approved $74,000 in CDBG funding to acquire portions of the abandoned Union Pacific corridor from Central to 15th St. from the adjacent owners.

Analysis:  Due to their size and configuration, the tracts being acquired are not developable by themselves. The majority of the tracts abut developed properties but lie outside the fenced, defined boundaries of the properties.  The purchase price of similar tracts was reviewed to estimate market value.  These amounts were offered to the adjacent property owners with several accepting the offers. The owner at 1133 N. Main has agreed to sell to the city his portion of the Union Pacific Railroad tract consisting of 6,371 square feet at $2,500.       

Financial Considerations: A budget of $2,650 is requested for the acquisition. This includes $2,500 for the acquisition and $150 for closing costs.  The funding source is previously approved CDBG funds.

Legal Considerations: The Law Department has approved the contract as to form.

Recommendation/Action: It is recommended that the City Council 1) Approve the budget, 2) Approve the real estate purchase contract and 3) Authorize necessary signatures.

Agenda Item No. 16
					
City of Wichita
City Council Meeting
 April 19, 2005

Agenda Report No. 05-0351
			
TO:			Mayor and City Council  

SUBJECT:		Grant Application for Kansas Emergency Shelter Grant Funds 
			(All Districts)   

INITIATED BY:	Housing and Community Services Department

AGENDA:		Consent


Recommendation:   Approve the application submission.

Background:   The State of Kansas receives Emergency Shelter Grant (ESG) funds under the McKinney-Vento Homeless Assistance Act.  These funds are awarded to local government agencies throughout the state on behalf of homeless service providers.  Awards are based on statewide competition.  In the past, the City of Wichita has applied for and received emergency shelter grants from the Kansas state program on behalf of local providers, in addition to the City's ESG direct allocation from HUD.

The Kansas Housing Resources Corporation (KHRC) has issued a statewide "Application for a 2005 Kansas Emergency Shelter Grant (KESGP)".  The total amount available is $878,724.  Eight homeless service providers in Wichita have submitted requests to the City for the 2005 KESGP application, as detailed below.  These projects will be evaluated by the KHRC for funding awards, against projects submitted by other local government agencies in the state.

Analysis:  The City of Wichita grant application includes funds for the following agencies and activities:

1.  Catholic Charities Anthony Family Shelter - $11,040 is requested for case management services.
2.  Catholic Charities Harbor House - $6,000 is requested for shelter supplies and maintenance.
3.  Center of Hope - $8,000 is requested for homeless prevention (assistance with rent and utilities).
4.  Inter-Faith Inn - $29,700 is requested for shelter operations and case management services.
5.  Salvation Army Emergency Lodge - $25,000 is requested for shelter supplies and utilities.
6.  Ti'Wiconi Safe Haven - $14,450 is requested for shelter operations and case management services.
7.  UMUM Drop-In Center - $10,500 to purchase equipment, one part time position and shelter supplies. 
8. YWCA - $5,500 is requested for shelter operations and maintenance.
9. City of Wichita - The City is allowed up to 2.5% for administration of the grant.  The amount received for administration will be determined by the amount awarded to the City.

Financial Considerations: The total amount of the request is $110,190.  Each of the requesting agencies has committed to providing the required matching funds or volunteer hours.  A total of $878,724 is available for the State of Kansas ESG program in 2005.

Recommendations/Actions:  It is recommended that the City Council approve the application for grant funds, and authorize necessary signatures for the application and necessary signatures for contracts if funding is awarded.



Agenda Item No. 17

City of Wichita
City Council Meeting
April 19, 2005

Agenda Report No. 05-0352


TO:	Mayor and City Council

SUBJECT:	Kansas Community Service Tax Credit Program Applications

INITIATED BY:     	Housing and Community Services Department

AGENDA:     	Consent
______________________________________________________________________________

Recommendation:  Endorse the applications.

Background:   Each year, since 1994, the Kansas Community Service Program (CSP) has offered non-profit organizations a way to improve their ability to undertake major capital fund-raising drives for various projects. A total of $4.1 million of tax credits has been allocated and will be awarded this year to eligible non-profit organizations to offer Kansas tax credits for contributions made to approved projects. Under this program, projects eligible for tax credit awards include community service, crime prevention, and health care.  Eligible contributors (usually private for profit companies) receive a tax credit equal to 50% of the amount donated to non-profits. Typically, the tax credit proceeds are used for capital projects, either new facilities or expansion of existing facilities that are one-time in nature. Applications for the State tax credits for non-profits are competitive.  The Kansas Community Service Program is administered by the Kansas Department of Commerce.

Analysis:  Boys and Girls Club of South Central Kansas, Inc., Inter-Faith Development Corporation, POWER Community Development Corporation and H.O.P.E., Inc., have each submitted a request for Local Government Endorsement of their State tax credit applications. If approved by the State, the contributor is eligible to receive 50% credit of the cash contribution towards their State income taxes for contributions made to the community service organization during a one-year period from the date of application approval. 

The applications presented by Boys and Girls Club of South Central Kansas, Inc., Inter-Faith Development Corporation, POWER Community Development Corporation and H.O.P.E., Inc., have been reviewed by the Housing and Community Services and Planning Departments, and are consistent with the City's goals and objectives and the Consolidated Plan.  They have also been reviewed for compliance with local codes and zoning requirements.  (A summary of each application is attached).

Legal Considerations: The proposed applications do not conflict with any local plans, zoning or land use requirements. The endorsement does not obligate the City to fund, supervise or in any way associate itself with the applicant.  A Local Government Endorsement is recommended by the Kansas Department of Commerce.  If the City does not approve the Local Government Endorsement, the applicant will lose points in the competitive application process.

 
Page Two

Financial Considerations: The City is not obligated to provide any financing for the projects and approval of the Local Government Endorsement does not obligate the City to fund any project or provide real property for a project.

Recommendations/Actions:  It is recommended the City Council support the applications and authorize the Mayor to sign the Local Government Endorsement Forms.

05-0352
SUMMARY
2006 KANSAS COMMUNITY SERVICE TAX CREDIT APPLICATIONS


Boys and Girls Club of South Central Kansas, Inc.
Boys and Girls Club of South Central Kansas, Inc., proposes to construct a new state-of-the-art, multi-purpose, community accessible facility.  The new facility will have the capacity to house and serve up to 1,000 youth in a variety of seasonal and regular activities.  A full gymnasium, computer center, library, learning center, commercially equipped kitchen and landscaped playground area will provide positive programs for youth and adults. The proposed location of the new facility is an area just west of 21st Street North and Grove, on the north side of the street, between Jardine Street and Horn Street.  Boys and Girls Club desires to use a portion of the area formerly occupied by the Heartspring Campus, specifically the area once occupied by the Heartspring administration building, power plant and classrooms (approximately 12 acres of the remaining 25 acres). The amount of funds needed for the completion of this project is approximately $10 million.  Boys and Girls Club is requesting an amount of $250,000 in Kansas Community Service Tax Credits.  Staff of the Housing & Community Service and Planning Departments have reviewed the application. 

Staff recommends approval of the Local Government Endorsement.

Inter-Faith Development Corporation
Inter-Faith Development Corporation is requesting a total of $250,000 in Kansas Community Service Tax Credits for Inter-Faith Permanent Housing Development Phase IV that has an estimated total budget of $3,805,055.  The Inter-Faith Permanent Housing Development Phase IV project is located approximately 1/2 mile north of the "central business district", between Market and Broadway, and 8th St. and 9th St. This area is within a block of the Inter-Faith Development Corporation offices.  This project will include the development of 40 units; 16 units will be set aside for formerly homeless persons who have a disability (chronic mental illness, drug and alcohol disabilities, or physical disabilities). In addition, 20 two-bedroom and four three-bedroom units will provide permanent housing for families who have experienced homelessness and disabilities.  Included in the project are areas set aside for residents to garden, exercise, do their laundry, play cards or games, watch TV or experience a community meal.  Staff of the Housing & Community Services and Planning Departments have reviewed the Inter-Faith Development Corporation's application.

Staff recommends approval of the Local Government Endorsement.

H.O.P.E., Inc.
H.O.P.E., Inc. is requesting a total of $175,000 in Kansas Community Service Tax Credits for the "First Link" project.  The project budget totaling $350,000 includes the acquisition and renovation of building located at 2137 N. Patten.  H.O.P.E., Inc. plans to develop a community-based, comprehensive service system for persons who are homeless, low-income, youth, adolescents, victims of domestic violence, seniors, disadvantaged, and individuals with special needs.  Community resources and services will be identified and coordinated through the system to serve the identified population.  Intervention strategies will be designed and disseminated through the "First Link" project.  Staff of the Housing & Community Services and Planning Departments have reviewed the application submitted by H.O.P.E., INC.

Staff recommends approval of the Local Government Endorsement.
Page 2

POWER Community Development Corporation
Power CDC is requesting a total of $150,000 in Kansas Community Service Tax Credits to assist in financing the construction of a 15,000 square foot building at 13th and Grove.  The building will be leased as a grocery store to the Save-a-Lot grocery chain.  Power CDC will retain ownership in the building and lease it at a reduced rate to attract an operator that will provide a needed service to the northeast community.  The donations received from using the Kansas Community Service Tax Credit program will help leverage other funds for the project.  The $1.3 million project has received a $750,000 federal grant and will be financed through a private lender and other sources.  Staff of the Housing & Community Services and Planning Departments have reviewed the application submitted by POWER CDC. 

Staff recommends approval of the Local Government Endorsement.

Agenda Item No. 18

City of Wichita
City Council Meeting
April 19, 2005

Agenda Report No. 05-0353

TO:		Mayor and City Council 

SUBJECT:	Southeast Water Transmission Facility (Districts I, II, III, and IV)

INITIATED BY:	Water & Sewer Department

AGENDA:	Consent


Recommendation:  Approve the expenditure for the Southeast Water Transmission Facility from Maple and Exposition to the southeast booster pump station.

Background:  Potential water pressure problems were identified in the 2004 Water Master Plan Update in portions of the southeast Wichita water distribution system and future growth areas in southeast Sedgwick County. The future growth areas were identified by the Metropolitan Area Planning Department (MAPD). 

Analysis:  On April 8, 2003, City Council approved a Water Master Plan Update and Burns & McDonnell were selected as consultant engineers. In the process of updating the water distribution water model and analyzing the water distribution system, which includes the latest growth predictions by MAPD, Burns & McDonnell recommended a new water distribution booster pump station facility. Their recommendation is to locate the booster pump south of Harry between Woodlawn and Rock Road.
The new booster pump station facility was approved by City Council on April 5, 2005. 

The pump station will initially tie into the existing 20-inch main; however, by the year 2008, a much larger water supply will be required. The Southeast Transmission Facility will be comprised of 48-inch, 42-inch and 36-inch water pipelines. This first phase, Route Study and Design of Interstate I-35 crossing, will determine the optimal route for the transmission facility. The critical design and construction portion for the entire project is the design of the 48-inch crossing under I-35.

Financial Considerations:  Capital Improvement Program (CIP W-1194), Maple and Exposition to SEBPS, is included in the 2005 recommended CIP. The budget for the project is $12.8 million:  $2.0 million is budgeted in 2005, $6.4 million in 2006, and $4.4 million in 2007.  The project will be funded from Water Utility revenues and reserves, and/or a future revenue bond issue.

Legal Considerations:  The Law Department has approved the Resolution as to form.

Recommendations/Actions:  It is recommended that the City Council: 1) approve the expenditure; 2) adopt the Resolution; and 3) authorize the necessary signatures.

Agenda Item # 19


City of Wichita
City Council Meeting
April 19, 2005

Agenda Report 05-0354

TO:	Mayor and City Council

SUBJECT:	Purchase Option (Excel Corporation) (Districts VI)

INITIATED BY: City Manager's Office

AGENDA:	Consent 
______________________________________________________________________________

Recommendation:  Adopt the Resolution and approve the Special Warranty Deed and Termination of Lease Agreement.

Background: On October 20, 1992, City Council approved issuance of $3.9 million in Industrial Revenue Bonds for Excel Corporation a Delaware Corporation.  The Bonds were issued to 
finance acquisition of an office building located at 151 N. Main.  Excel Corporation has decided to exercise its purchase option on the IRB-financed property.

Analysis: Under the provisions of Sections 16.1 and 16.2 of the Lease Agreement for Series VIII, 1992 Bonds, Excel Corporation, the Tenant, has the option if all outstanding bonds and Trustee Fees have been paid to purchase the facility from the City of Wichita for the sum of $100.  The City of Wichita, on January 10, 2005, received notice from the Trustee that all bonds were paid, and Excel Corporation's desire to take reconveyance.  The City will deliver the instruments needed to deed the bond financed property back to Excel Corporation and terminate the IRB Lease.

Financial Considerations:  The purchase price is $100 and other considerations as listed under the provision of the Lease Agreement including all payments necessary to redeem and retire all outstanding bonds.  This price includes without limitations, the payment of all outstanding principal, interest, and all other expenses of redemption, and trustee fees, after the deduction of any amounts provided for in the Lease Agreement and available for such redemption.

Legal Considerations:  The City is contractually bound to convey the IRB Project property to the Tenant by special warranty deed, once all the conditions established in the Lease have been met.  The City Attorney's Office has approved the form of the attached Resolution, Special Warranty Deed, Termination of Lease Agreement (each in substantially the form attached to the Resolution, with possible corrections in the legal description).

 
Recommendations/Actions: It is recommended that City Council adopt the Resolution approving the Special Warranty Deed and Termination of Lease Agreement and authorize the Mayor to sign, with delivery contingent upon satisfaction of all conditions for reconveyance under the Lease Agreement.

Agenda Item #22


City of Wichita
City Council Meeting
April 19, 2005

Agenda Report No. 05-0355


TO:		        Mayor and City Council 

SUBJECT:	        Private Security Update

INITIATED BY:	Police Department

AGENDA: 	 	Unfinished Business

_______________________________________________________________________________

Recommendation:  Receive and file report 

Background:  In November 2004, an individual who was denied a City of Wichita private security permit appeared before the City Council to appeal the denial, which was based on a juvenile conviction and how the application form was completed.  The City Council denied the appeal and requested that the Wichita Police Department revise the private security application form and review and make recommendations to the City Council regarding criminal convictions, specifically time limits on disqualifying convictions.

Analysis:  The Police Department conducted a peer study to determine how other jurisdictions deal with both juvenile and adult convictions.  As a result of the research, the Police Department is recommending that the ordinance regarding private security remain unchanged, and that applicants with either juvenile or adult convictions be encouraged to seek expungement of those convictions.  This alternative ensures that individuals convicted of certain crimes (crimes of violence, sex crimes, etc.) cannot obtain a private security permit, yet it allows those convicted of lesser offenses to obtain a permit.  The Police Department has made the following changes to the private security application form:
·	The phrases "as an adult or juvenile" and "of any misdemeanor or felony" have been added to the question regarding arrest history.
·	The phrase "of any misdemeanor or felony" has been added to the question regarding conviction history.
·	Language has been removed that required applicants to report convictions as an adult or juvenile that have been expunged.

The current ordinance regarding private security companies and their employees was last updated in 1999.  The Wichita Police Department Training Bureau is working with the Law Department to review several provision of the existing ordinance and plan to involve local private security company representatives in the review process.

Financial Considerations:  None 

Legal Considerations:  The recommendation has been reviewed and approved by the Law Department.

Recommendations/Actions:	Receive and file this report.


Agenda Item No. 23
					 

City of Wichita
City Council Meeting
 April 19, 2005

Agenda Report No. 05-0356
			

TO:			Mayor and City Council

SUBJECT:		Repair or Removal of Unsafe Structures
			2048 North Minnesota - District I 

INITIATED BY:	Office of Central Inspection 

AGENDA:		Unfinished Business


Recommendation: Take appropriate action.

Background:   This property was before the Board of Code Standards and Appeals (BCSA) on November 8, 2004.  No repairs had been made to the property, and the BCSA recommended 10 days to start demolition and an additional 10 days to complete.

The case was before Council for a hearing on February 1, 2005.  The new owner, Inga Taylor, appeared to represent the property and Council voted to defer action on this case for 60 days.

Analysis:   On April 1, 2005, staff made a visit to the property.  The owner was on site and repairs were underway.  The property is being maintained secure.   There is an active building permit posted.

Taxes:  The 2001, 2002, 2003 and 2004 taxes are delinquent in the amount of $1,821.63.  There are special assessments for lot cleanup and emergency board up in the amount of $1407.41, including interest.

Legal Considerations:  The owner has been notified of the date and time of this hearing.

Recommendations/Actions:  It is recommended that the City Council grant the property owner 30 days to complete required exterior repairs.  Any extension of time should be conditioned on the following; (1) all delinquent taxes shall be paid in full by not later than May 6, 2005; (2) the structure shall be maintained in a secure condition; and (3) the premise shall be maintained free of debris and kept mowed.

If any of the above conditions are not met, the Office of Central Inspection shall proceed with demolition action and also instruct the City Clerk to have the resolutions published once in the official city paper and advise the owners of these findings.

Agenda Item # 24

City of Wichita
City Council Meeting
April 19, 2005

Agenda Report No. 05-0357


TO:				Mayor and City Council

SUBJECT:			Transportation Services Agreement - AirTran Airways, Inc.

INITIATED BY:		City Manager's Office

AGENDA:			Unfinished Business


Recommendation:	Approve the contract.

Background:  On February 28, 2002, the City Council entered into a two-year revenue guarantee agreement with AirTran Airways.  AirTran was to provide airline service to Atlanta and Chicago with Boeing 717 aircraft, effective May 8, 2002.  A revenue guarantee based upon costs of service was established with a cap of $3 million the first year and $1.5 million the second year.  On May 10, 2004, the City Council approved a one-year extension of the AirTran revenue guarantee agreement, until May 7, 2005, with a cap of $2.5 million.  AirTran is desirous of entering into an additional one-year revenue guarantee agreement with the City of Wichita, under the conditions outlined below.

Analysis:  The presence of AirTran and their corresponding pricing structure has had a significant impact on airfares at Wichita Mid-Continent Airport, contributing to a 30% overall reduction in airfares and a corresponding 33% increase in passengers.  It is estimated that the savings to the air travelers using Wichita Mid-Continent Airport as a result of the presence of AirTran exceeds $85 million dollars.

The proposed new agreement calls for a minimum of three daily round trips to AirTran's Atlanta hub using 117-passenger Boeing 717s, beginning on June 7, 2005 and continuing for the term of the agreement, plus one weekly flight to Orlando.  In place of a specified-dollar cap, the new agreement includes a termination provision that allows the City to unilaterally terminate the agreement with 75-days written notice when the City determines that the funding appropriated for revenue guarantee payments will run out.  In addition, under the new agreement, the City will receive credit for any profits AirTran makes during a monthly accounting period, to offset any later revenue guarantee payments that may be required as a result of non-profitable months.

Sedgwick County and the Wichita Area Chamber of Commerce have joined in the effort to secure affordable air service a Wichita Mid-Continent Airport on a permanent, sustainable basis.  Sedgwick County will consider entering into an inter-local agreement with the City to provide additional funding for the revenue guarantee payments, in the event the City's funding is depleted.  The Chamber of Commerce is working on an enhanced frequent flyer program that will provide attractive incentives to encourage greater patronage of AirTran flights by business travelers using Mid-Continent Airport.

Financial Considerations:  The agreement calls for a revenue guarantee (a guarantee that AirTran will break even financially on the Atlanta route) paid monthly if there are demonstrated losses, after netting out any prior profits on the Atlanta route.  The goal is for AirTran to become profitable in the market.  Funding for the 2005 revenue guarantee agreement will come from funds transferred to the Economic Development Fund from the Landfill Post Closure Fund and the General Fund appropriated reserves (if required) in the amount of $2.5 million.  Supplemental funding is anticipated from Sedgwick County in the amount of $1 million, pursuant to an inter-local agreement.  

Legal Considerations:  The contract has been approved as to form by the Department of Law.

Expending these funds from the Economic Development Fund will require the Fund to be amended (re-certified) with the State of Kansas, pursuant to 79-2929a.  By the short-term utilization of contingencies in the Economic Development Fund and other funds, this re-certification process can be scheduled in August, in conjunction with the adoption of the annual budget or earlier if required. 

Recommendations/Actions: It is recommended that the City Council approve the contract, authorize the necessary budget transfers and authorize the necessary signatures.


Agenda Item 25.

City of Wichita
City Council Meeting
April 19, 2005

Agenda Report No. 05-0358


TO:			Mayor and City Council Members

SUBJECT:		Visioneering Wichita

INITIATED BY:	City Manager's Office

AGENDA:		New Business

------------------------------------------------------------------------------------------------------------	

Recommendation:  Approve funding for implementation of Visioneering Wichita.


Background:    On May 4, 2004, the Wichita City Council was asked to support a strategic visioneering process to assist leaders and newly emerging leaders with defining a direction for the greater Wichita community.  The City of Wichita, in collaboration with Sedgwick County, the Kansas Health Foundation, the Wichita Community Foundation and the Wichita Downtown Development Corporation were asked to fund the visioneering effort.  At this meeting the Council authorized $75,000 for this project. 

Following completion of the Visioneering Plan in 2004, the City Council, along with many other public and private organizations, was asked to adopt the Visioneering Plan and become a vision partner.  The City Council took formal action to officially become a vision partner on January 4, 2005.  City staff is reviewing the foundations and strategies that comprise the plan in conjunction with a Draft Strategic Plan for the City of Wichita developed in 2003, to more fully determine the strategies outlined in the Plan where the City can assume full or partial ownership.

Analysis:  The Wichita Chamber of Commerce, on behalf of Visioneering Wichita, is seeking additional funding from community resources to support Phase II Implementation of the Visioneering Wichita initiative.  The attached Visioneering Wichita 2005 Work Plan identifies the action steps for Phase II.  It includes staff support by the Chamber, engaging the services of Henry Luke, marketing and public relations efforts, securing additional volunteers, launching six strategic alliances, leadership development and providing feedback to the community on the success and status of Visioneering Wichita. 

The City of Wichita, along with other funding partners, is being asked to contribute to the Phase II implementation Plan.  The financial request to the City of Wichita and Sedgwick County is $50,000.  Kansas Health Foundation and Wichita Community Foundation are being asked to contribute $25,000 each.  The request to the Downtown Development Corporation is $35,000 and the Knight Foundation request is $60,000.  There is a $37,500 carry over from 2004 that will be utilized for Phase II activities.  The Chamber has already secured commitments from several of these funding partners.


Financial Considerations:   Funding for the City's portion of Phase II ($50,000) is available from the Economic Development Fund.  There are sufficient dollars in this fund to support this project without compromising funding set aside for economic development projects. 

Legal Considerations:   None

Recommendation/Action:  Approve participation of Phase II Implementation of Visioneering Wichita and authorize funding.



Visioneering Wichita 
2005 Work Plan


On behalf of Visioneering Wichita, the Wichita Area Chamber of Commerce will:


Obtain additional funding from community resources to support Phase II Implementation of the Visioneering Wichita initiative.

Provide management resources to manage the Visioneering Wichita Phase II.

Engage the services of a Henry Luke of Luke Planning to provide oversight of the Visioneering Wichita project.

Conduct an extensive grassroots public relations/marketing  campaign to gain wide-spread private, public and citizen engagement in the visioning project.

Secure 700 public/private/citizen volunteer Vision Partners to carry out the selected strategies of the vision plan.

Launch and manage six (6) strategic alliances in the areas of:  Economic Development (Entrepreneurism and Small Business); Education (Mentoring in the K-12 Systems); Education (Wichita MSA as a College Mecca); Quality of Life (Health Care); Quality of Life (Racial Diversity, Opportunity and Harmony) and Government (south central Kansas Unified Legislative Agenda).

Implement an intentional and deliberate leadership development initiative to enhance community collaboration to implement Visioneering Wichita.

Prepare and deliver an Annual Report for public review; conduct the first Visioneering Wichita annual meeting in January, 2006.

Report on Visioneering Wichita activities and plans to the governing bodies as requested by their leaders.

Inform the public and the media of Visioneering Wichita activities.

Inform the City of Wichita staff of activities related to Visioneering Wichita and include your representatives in the implementation of Visioneering Wichita.

Agenda Item #26


City of Wichita
City Council Meeting
April 19, 2005

Agenda Report No. 05-0359

TO:	Mayor and City Council

SUBJECT:	Extension of IRB Tax Exemption (The Coleman Company) 	
	(District I)

INITIATED BY:	City Manager's Office

AGENDA:	New Business
______________________________________________________________________________

Recommendation: Take appropriate action.

Background: On December 9, 1999, City Council approved issuance of Industrial Revenue Bonds in the amount of $5.3 million to The Coleman Company.  In conjunction with the bond issue, City Council approved a 100% property tax abatement for a 5-year term on the project, plus a second 5 years subject to Council review.  Bond proceeds were used to finance the construction of a new corporate headquarters, the expansion of existing manufacturing facilities and the purchase of additional machinery and equipment for its manufacturing facilities in Wichita and Maize.
On December 31, 2004, the initial five-year period for tax exemption expired.  The Coleman Company request City Council extend the tax exemption to include the second five years on bond-financed real and property.

Analysis The Coleman Company, Inc. is engaged in the manufacturing and distribution of outdoor recreational products.  The Company's principal products include a comprehensive line of pressurized lighting, cooling and heating appliances for camping and outdoor recreational 
use (such as Coleman lanterns and stoves), fuel-related products, including disposable propane-filled cylinders, a broad range of insulated food and beverage containers, portable electric lights, and other products for recreational use and do-it-yourself markets.

As a condition of the bond issue and tax exemption, Coleman committed to: construct a new 
corporate headquarters, expand existing manufacturing facilities, and purchase machinery and equipment, with a total investment of $5,300,000, and create 200 new jobs within five years of the bond issue.

A measure of Coleman's initial five-year project commitments and outcomes are as follows:



	1999 Commitment	December 31, 2004 Status

·	Construct new building addition	Completed new headquarters and building addition
·	Purchase Manufacturing Equipment:	Purchased equipment worth over $4,695,000
·	Create 200 new jobs in five years:	No jobs were created

Staff conducted a site-monitoring visit on July 24, 2004.  Coleman has fallen short of its projection and has significantly downsized its workforce.  Coleman has recently undergone an extensive corporate restructuring, in which the mission of the Wichita plant is shifting from manufacturing to more distribution.  As a result, the company does not anticipate a significant increase in employment levels.

Financial Considerations: In 2000, the County's appraised value of the exempted bond-financed property was approximately $3715,000.  That property's appraised value is currently $1,258,000.  Based on the 2004 mill levy, the 2005 taxes on the exempted property would be approximately $142,640.  Coleman is current in payments of administrative service fees.  

Legal Considerations: Section 7.5 of the lease provides the City Council reserves the right to terminate the exemption at the end of the first five-year period.

Recommendations/Actions: It is recommended that City Council determine whether to approve or deny the tax exemption on Coleman's IRB-financed real and personal property for a second five-year period.

Agenda Item No. 27

City of Wichita
City Council Meeting
April 19, 2005

Agenda Report No. 05-0360

TO: 			Mayor and City Council

SUBJECT: 	Sewage Treatment Plant Site Selection - North Central (District VI)

INITIATED BY:	Water and Sewer Department

AGENDA:		New Business


Recommendation:   Select a site for a future Sewage Treatment Plant in the north central area of Wichita. 

Background:  The updated 2000 Sewer Master Plan calls for the construction of a new sewage treatment facility within the next decade to serve north central Wichita. To construct the facility, the Water & Sewer Department must first acquire an appropriate site. The City hired Professional Engineering Consultants to assist in the identification and evaluation of possible sites. 

The City employed a multi-phase approach to identifying an appropriate site. The first phase was an evaluation of sites by a committee composed of City Staff, consulting engineers and citizens appointed by District Advisory Board (DAB) VI. The next phase involved citizen input. A public information fair was conducted on January 25, 2005, to answer citizens' questions and provide an opportunity to present their concerns and comments. Staff then presented the findings of the study and the information fair at the District Advisory Board meeting on March 7, 2005. The technical review, the information fair findings and the DAB recommendation will now be presented to City Council for review and action.

Analysis: 

Technical Review
The site selection committee, composed of City staff, consulting engineers and selected members of the District Advisory Board performed a technical review of potential sites in this area. The committee used the following criteria:
·	Initial Siting Criteria 
o	Location relative to the drainage basin 
o	Separation from residences 
o	Natural screening 
o	Potential for development
·	Secondary Siting Criteria 
o	Additional costs to develop site 
o	Ability to service future development
o	Permitting issues
Using these criteria, the committee ranked sites 6, 4, and 5 (in this order) highest, based on their technical merits. 
Public Information Fair
Staff presented this information to the public at a City sponsored "information fair" on January 25. The information fair was open to all interested parties and was communicated to people in District VI via public announcements and door hangers in the area closest to the proposed sites. Citizens were given the opportunity to discuss with the evaluation committee, other City Staff, state regulators and others, issues and concerns about a sewage treatment facility in the area. The citizens were also asked to provide 
feedback about site preferences and concerns. Following is some of the feedback regarding site preferences and dislikes with 56 responses received.
·	Most Desirable Site:
o	Site 4 ranked most desirable with 37 respondents indicating it to be one of their most desirable sites
o	13 respondents indicated that site 6 was the most desirable of the proposed sites
·	Least Desirable Site:
o	Site 5 ranked least desirable with 28 respondents indicating that it was their least desired site    
o	21 respondents indicated site 6 was least desirable
·	Concerns
o	The top two concerns were odor from 55 respondents and property value from 47 respondents
o	The lowest two concerns were disturbance of recreational areas and loss of parkland receiving 4 and 3 votes respectively
District Advisory Board Presentation
Staff presented DAB VI with the findings from the technical review and from the public information fair and asked the DAB to provide recommendations for preferred sites that Staff could present to the City Council. Because of limited regulatory and property ownership concerns (all preferred sites are currently owned by the City) the DAB recommend only one site. After a period of public comment and some deliberation among members of the DAB, the DAB recommended that a 20-acre site in the northwest corner of Site 4 be presented as the preferred choice. It was mentioned during the public comment period that Site 4 would be developed after being mined for sand. There were conflicting ideas about the type of zoning the land will receive after the mining is complete. Under any zoning classification, the site will require a conditional use permit. 

Because the General Fund of the City owns all of the sites, the City Council may direct the Utility to acquire the site in consideration of the land value. Based on recent land sales in the area, Staff believes the land could be valued at $5,000 per acre.


Financial Considerations:  Financing is available in CIP S-522, Plant Siting Study and Land Acquisition.

Legal Considerations:  City Council approval is required for the purchase of real property.

Recommendations/Actions:  It recommended that City Council: 1) select a site; 2) direct Staff to acquire the site for future construction of a sewage treatment plant; and 3) authorize the necessary signatures.


Agenda Item No. 28

City of Wichita
City Council Meeting
April 19, 2005

Agenda Report No. 05-0361


TO: 			Mayor and City Council

SUBJECT: 	Sewage Treatment Plant Site Selection - Southwest (District IV)

INITIATED BY:	Water and Sewer Department

AGENDA:		New Business


Recommendation:   Select a site for a future Sewage Treatment Plant in the southwest area of Wichita. 

Background:  The updated 2000 Sewer Master Plan calls for the construction of a new sewage treatm